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Home My WebLink AboutPACKET Town Board 2008-07-22FILE Prepared 7/10/08 *Revised Ili TOWN Of {STES PARK The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 22,2008 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance) PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated July 8,2008 and Town Board Study Session Minutes dated July 8,2008. 2. Bills. 3. Committee Minutes: A. Community Development, July 3,2008. B. Utilities, July 10, 2008. 1. Water Design Policy Standards Update, RG Engineering, $9,770. 2. YMCA Bulk Water Emergency Tap Agreement. 4. Estes Valley Planning Commission, June 17, 2008 (acknowledgement only). 2. PLANNING COMMISSION AGENDA (Approval of) Mayor Pinkham: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP 1. Fall River Village, Amended and Supplemental Condominium Map #1, Fall River Village Condominiums, including Building #3, Lot 8, Fall River Village Final PUD, Fall River Village Communities/Applicant. I: , B. AMENDED PLAT 1. Fall River Estates, Lots 1, 2, & 4, Replat of Lot 26, Block 1, Fall River Estates, John & Peter Simonson/Applicants. 2. ACTION ITEM: a. BIG BEAR ESTATES ANNEXATION AND RELATED LAND USE ITEMS: Four Metes and Bounds parcels (parcel identification numbers 35261-00- 001, 35261-05-046, 35261-06-001, and 35252-53-018) and Outlot A, Sallee Resubdivision, Rock Castle Development Company/Applicant. Quasi-Judicial Hearing - decisions made must be based on the testimony and information presented at the hearing. 1. ANNEXATION - RESOLUTION #-08 & ORDINANCE #-08. 2. REZONING - ORDINANCE #-08 Rezoning of Parcel #35261-00-001 from RE - Rural Estate to CO - Commercial Outlying. Rezoning of Parcel # 35261-05-046 and Outlot A, Sallee Resubdivision from E - Estate to CO - Commercial Outlying. 3. PRELIMINARY SUBDIVISION PLAT. 4. PRELIMINARY PLANNED UNIT DEVELOPMENT (P.U.D.) #08-01. Rock Castle Development Co./Applicant has requested all items related to the Big Bear Estates development be continued to the September 23,2008 Town Board meeting. 3. REPORT: a. Presentation of Estes Valley Development Code Block 11 Amendments - First Reading: Revisions to the appeal process (Town Board Public Hearing will be held August 26,2008). 4. ACTION ITEMS: 1. PLATTE RIVER POWER AUTHORITY ORGANIC CONTRACT & POWER SUPPLY CONTRACT - ORDINANCE #10-08. Director Goehring. 2. MARY'S LAKE TREATMENT PLANT EXPANSION. Director Goehring. 3. 2nd QUARTER FINANCIAL REPORT. Finance Officer McFarland. 4. FIRE TRUCK PURCHASE. Chief Dorman and Superintendent Mahany. 5. PUBLIC INFORMATION OFFICER. Administrator Halburnt. 6. TOWN ADMINISTRATOR REPORT. 7. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the Anpnrip wAQ nrpnmr-prl .. Cynthia Deats From: EP Administration [ir3045@estes.org] Sent: Friday, July 18, 2008 9:26 AM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 0498 ST. TIME 07/18 09:16 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1 .. Town of Estes Park, Larimer County, Colorado, July 8,2008 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 8th day of July, 2008. Meeting called to order by Mayor William C. Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Richard Homeier Jerry Miller Also Present: Attorney Greg White Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and invited any person desiring to participate to stand and recite the Pledge of Allegiance. PUBLIC COMMENT David Habecker/Town Citizen encouraged the Board to begin discussion on bonding for needed infrastructure if the Local Marketing District passes and use the $800,000 saved for bond payments. He requested the Board stop reciting the pledge. Tom Ewing/Town Citizen expressed concern that Town staff continues to move forward with the Elkhorn Lodge proposal even though the Planning Commission voted overwhelmingly to deny the request. Linda Farrell/Town Citizen spoke to concerns regarding the Elkhorn Lodge redevelopment proposal including the removal of the waterfall, impact on wetlands by lowering the river, connection to Far View and the impact on Elkhorn Condominiums, the current proposal would surround the condominiums with high traffic roadways and density of the development on the lower portion is too high. Jim Tawney/ Ponderosa Lodge requested the Town take a broader look at tourism and advertising. TOWN BOARD COMMENTS Trustee Blackhurst reminded the public that the Estes Park Housing Authority would meet Wednesday, July 9th at 8:30 a.m. in Room 203, and the Utilities Committee would meet Thursday, July 10th at 8:00 a.m. in the Board Room. POLICE DEPARTMENT RECOGNITION Police Chief Kufeld recognized Detective Life, Officer Solano, Master Police Officer Filsinger and Commander Rose for their efforts in solving a string of burglaries. The suspects were caught with the aid of the local community. Mayor Pinkham extended the Board's appreciation for their efforts. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated June 24,2008 and Joint Town Board and County Commissioner Minutes dated June 26,2008. I . Board of Trustees - July 8,2008 - Page 2 2. Bills. 3. Estes Park Urban Renewal Minutes dated June 18, 2008 (Acknowledgement only). It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it passed unanimously. 2. LIQUOR ITEMS: 1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM TRAIL INN LLC, dba SMILING ELK RESTAURANT TO VEGA INC. dba VEGA, RONALD KILGORE & ANDREI URSU, 205 VIRGINIA DR. #501, HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson reviewed the application stating all necessary paperwork had been received. Vega LLC is requesting a transfer of the liquor license currently held by Trail Inn LLC dba Smiling Elk Restaurant. The new owners also own the Dunraven Downtown and have completed T. I.P.S. training. Trustee Levine reminded the applicant that the Town requires liquor licensed establishments to check identification and the Board takes licensing seriously. Trustee Blackhurst encouraged the owners to train their staff. It was moved and seconded (BlackhursVEisenlauer) the Transfer of Ownership Application filed by Vega LLC dba VEGA be approved, and it passed unanimously. 2. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM STANGER LAKE ESTES LTD. dba LAKESHORE LODGE TO LAKESHORE LODGE LLC dba LAKESHORE LODGE, MICHAEL HERMAN & SHARON SEELEY, 1700 BIG THOMPSON AVE., HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson reviewed the application stating all necessary paperwork had been received. Lakeshore Lodge LLC is requesting a transfer of the liquor license currently held by Stanger Lake Estes Ltd. dba Lakeshore Lodge. The applicant's manager has completed T.I.P.S. training. Ms. Seeley stated the staff takes the service of alcohol seriously and has cut patrons off when they suspect the party has had too much. It was moved and seconded (Blackhurst/Miller) the Transfer of Ownership Application filed by Lakeshore Lodge LLC dba LAKESHORE LODGE, be approved, and it passed unanimously. 3. REPORTS AND DISCUSSION ITEMS: 1. Stanley Fairground Barn Survey - Deputy Town Administrator Richardson reviewed the results of the survey that was sent to all Light and Power customers. The survey yielded a 16% return with 50% residing within Town limits. 72% of the respondents support building the entire barn facility with multi-use functions including a walking track, indoor shows and an ice rink. The survey yielded a 56% response to building the entire facility immediately with 47% in favor of financing a portion and paying the remaining in cash and 9% in favor of financing the entire project. The respondents were overwhelmingly in favor of charging a fee for the use of the facility with 48% in support of a tiered user fee for town and county residents versus non- residents. The response to a property tax increase to pay for the project was unfavorable with 61% not in support of a tax for the project. Trustee Blackhurst thanked staff for the efforts in compiling all the results. Administrator Halburnt stated the barns would be discussed further during the budget process. 0 D Board of Trustees - July 8,2008 - Page 3 2. Estes Valley Recreation and Parks District Community Recreation Center Plans - Mike Richardson/President stated the EVRPD Board would like to request the Town's support for the proposed Community Center and request financial support from the Town. The Neenan Company reviewed the collaborative design process used for the proposed community center which includes aquatic center improvements and expansion, gymnasium, classrooms, youth room, community center space and the offices of the EVPRD. The parking lot would also be redesigned to provide additional spaces and gentler slopes. The entire facility would have a walking track around the perimeter. Rehabbing the existing elementary building was abandoned in favor of a new building due to the deterioration of the building, cost associated with retrofitting the building to current codes, the need for all new fixtures, roof heights did not meet the needs of the recreational center, ADA requirements, energy efficiency and replacement of mechanical equipment and plumbing. The costs associated with the improvements would be approximately 95% of the current value of the building. The entire project estimate is $13.8 million with construction to begin in 2009 if passed by the voter. Mr. Richardson stated the 2017 Team recommended the development of an indoor/outdoor multi-use recreational facility to address the active lifestyles of those that chose to live in Estes Park. He requested the Town provide the funding for the Community Space at a cost of $742,848 and waive the building and planning fees of approximately $100,000. The district would like to have a financial commitment from the Town by August 15th Board comments/questions: How soon would EVRPD need the funds; would the school district lease the land to the district; a financial commitment could not be determined until the Town finishes the budget process in October; could the financial commitment be spread over a number of years; and the Town does not have the bonding capability of the district. Mr. Richardson stated the district has been in discussion with the school district to provide a 20 year land lease and a letter of intent has been signed. The district will be approaching the school district to contribute funds to the Community Center in an approximate amount of $250,000. A survey has been conducted within the community and a phone survey would also be conducted. Some changes the to parking and landscaping would be addressed with the Community Development Department if the project moves forward. Trustee Blackhurst stated Rural Development funds community center, and therefore, may be a funding source for a portion of the building. Administrator Halburnt questioned whether or not the Town would derive a benefit if it provided financial support. Mr. Richardson stated the district would work with the Town to provide space or use of the facility. 4. ACTION ITEMS: 1. RE-APPOINTMENT: ESTES PARK HOUSING AUTHORITY. Estes Park Housing Authority has requested the re-appointment of Catherine Jensen for a 5-year term expiring April 30, 2013. It was moved and seconded (BlackhursVEricson) approve the re-appointment of Catherine Jensen to the Estes Park Housing Authority as outlined above, and it passed unanimously. 2. UPDATE TOWN BOARD USE POLICY. Deputy Town Administrator Richardson stated the Board approved a policy at the May 27,2008 meeting. The policy did not address the use of the Town 4 k Board of Trustees - July 8,2008 - Page 4 facilities by other governmental agencies. A revision has been made to identify other governmental entities as exempt from paying use fees and damage deposit fees. However, governmental agencies must pay staff time if Town equipment is requested for the meeting. It was moved and seconded (Levine/Homeier) to amend the Town Board use policy as outlined above, and it passed unanimously. 3. TOWN ADMINISTRATOR REPORT. â€¢ The week of July 7th is Rodeo week with the rodeo beginning each night at 7:30 p.m. and doors open at 5:30 p.m. She encouraged all to attend. 4. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(E), C.R.S. - For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators regarding Annexation/Development Agreement for Big Bear Estates. It was moved and seconded (Levine/Eisenlauer) the Town Board enter into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators Section 24-6-402(4)(e) with regard to the Annexation/Development Agreement for Big Bear Estates Annexation Agreement, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 8:40 p.m. Mayor Pinkham reconvened the meeting to open session at 9:46 p.m. and adjourned the meeting at 9:46 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk . D RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, July 8,2008 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 8th day of July, 2008. Board: Mayor Pinkham, Trustees Blackhurst, Eisenlauer, Ericson, Homeier, Levine and Miller Attending: All Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Town Attorney White and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 4:03 p.m. LOCAL MARKETING DISTRICT INTERGOVERNMENTAL AGREEMENT. Attorney White reviewed the changes to draft #3 of the IGA between the Town and the County including clarification that Board members may serve up to two consecutive four year terms. Discussion followed on the use of term limits and the need for an exemption to be added to the IGA to allow the reappointment of a term limited member if a qualified candidate was not available. Lynette Lott/Vallaha Resort and President of the Estes Area Lodging Association requested the IGA be amended to eliminate the residency requirement for Town and County appointments and appoint the most qualified individuals to the Board. Administrator Halburnt stated the Town would promote the LMD prior to setting the ballot language, at which time the Town could no longer spend municipal funds. Other groups such as EALA and the Town Board can promote the LMD during the election process. LOCAL MARKETING DISTRICT BOARD OF DIRECTORS. The Board discussed the pros and cons of appointing the LMD Board prior to the election. Pros â€¢ Provide voters with clear representation and structure for the LMD Board. â€¢ There would not be adequate time to appoint a Board after the election. â€¢ Provide assurance to the voters. â€¢ Remove an unknown. Cons â€¢ Voter could vote for or against a potential Board member and not for the issue. Attorney White stated a Board could not be appointed until the LMD is passed. Trustee Homeier suggested an advisory council with seven members be appointed to market the issue and fill Board seats if the LMD passes. The Board requested a timeline for the LMD and for the appointment of an advisory council with a list of qualifications, screening process and who would review the applications. The interview group should include others entities including the Chamber, * I RECORD OF PROCEEDINGS Town Board Study Session - July 8,2008 - Page 2 EAU\ and other business groups. The interview group could provide the two Boards with a ranking of candidates for consideration and approval. The majority of the Board agreed to proceed with an advisory committee of seven to be appointed by mid September. Trustee Ericson stated the LMD Board should remain conceptual and not appoint members to a Board or advisory committee. TOWN BOARD/STAFF RELATIONSHIP. Mark Collins provided the Board with an overview of city council/management government. He discussed the roles of the Board as policy makers and the Administration overseeing management and operations and maintenance; however, there tends to be shifting boundaries in government today. An effective council is one that possesses the ability to work as a team, willingness to address difficult issues and successful relationship with professional staff. Mr. Collins reviewed the constraints of council and staff and obstacles in developing a successful council-staff partnership. A successful council/staff partnership has the council clearly defining policy goals and outcomes to be achieved and staff defining the means for achieving these outcomes. COMMITTEE STRUCTURE. Mark Collins questioned the role of the elected officials in the Committee system. Trustees responded: â€¢ To gather information on an issue. â€¢ To review policies the Board has within the individual departments. â€¢ Develop issues. â€¢ Ask questions of staff in an informal setting. â€¢ Opportunity to hear from different departments and staff members. â€¢ Individual Board members become more versed in specific departments and issues. â€¢ The Committee can send items back for additional work or refinement by staff prior to coming to the full Board for consideration. â€¢ The Committee system moves items forward in an efficient manor. â€¢ Without Committees there would be more discussion and longer meetings. Mr. Collins questioned if there had been times when members of the Board, not on the Committee in which an issue was disscused, felt they need more information to make a decision. The Board stated the item is removed from the consent agenda if a member of the Board would like further discussion. Mr. Collins questioned if the Committee system delayed projects or purchases. The Board stated an item can move forward directly to the Board if there is a time constraint and does not have to be reviewed by the Committee first. Mr. Collins suggested the Board consider work sessions in lieu of the Committee system. He stated the entire Board could be present for presentations and discussions with staff. The Committee system does not provide staff with the collective ideas and concerns of the entire Board. The Board is unclear as to staffs concerns with the Committee system. Administrator Halburnt stated the Committee should not have to approve items previously approved during the budget process. Mr. Collins concurred and stated only items that are a change to the budget should be addressed by the Committees. Trustee Homeier voiced concern that many issues including purchases are not reviewed in detail during the budget process. The Committee process allows the Board the opportunity to review projects and purchases in detail. I Â» RECORD OF PROCEEDINGS Town Board Study Session - July 8,2008 - Page 3 Trustee Miller stated polices need to be developed for purchasing, RFPs and RFQs before continuing the discussion of the Committee structure. Mayor Pinkham agreed that sound policies and procedures could aid in preventing the Board from engaging in operations of the Town. MISCELLANEOUS. Administrator Halburnt stated a spreadsheet was prepared by Mayor Pinkham for the 2008/2009 Town Board goals. She requested the Board review and send comments that will be discussed further during the Town Board Study Session on July 25th. There being no further business, Mayor Pinkham adjourned the meeting at 6:50 p.m. Jackie Williamson, Town Clerk Â¥ D RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, July 3,2008 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 3rd day of July 2008. Committee: Chairman Levine Trustees Eisenlauer and Miller Attending: All Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Directors Pickering, Joseph, and Mitchell, Managers Winslow, Marsh and Blackhurst, and Town Clerk Williamson Absent: None Chairman Levine called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. CONVENTION & VISITORS BUREAU. Rodeo Week Road Closure - Request Approval. Special Events requests the closure of both sides of Manford Ave. along the fog line from the Rental-All to just past Community Dr. on July 8th through July 13th The main concern is safety on the busy road; however, parking revenues are estimated to increase by approximately $1,500 due to the closure. The Committee recommends approval of the road closure as described above. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Marketing Committee â€¢ Public Relations â€¢ Visitors Services Discussion was heard regarding the decrease in requests for visitor guides, decrease in response from magazine ads, and decrease in reservations for the RV parks. The numbers are down but not significantly. An increase in gas prices appears to have the greatest effect on RV travel with some parks down 20%. MUSEUM/SENIOR CENTER. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Museum Monthly â€¢ Senior Center Monthly Staff has reviewed and provided comments on the proposed West Park Center mural to the artist and the Local Roots Co-op chairperson. The Co-op will bring a final rendering to the Town for review. COMMUNITY DEVELOPMENT. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Financial Report / I RECORD OF PROCEEDINGS Community Development - July 3,2008 - Page 2 â€¢ Building Permit Summary Two new graphics were presented to the Committee regarding revenues by types and a moving average. The Committee recommended the new charts be presented once a year for review. ADMINISTRATION. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Art Gallery Liquor Permits Those businesses whose primary purpose is the display and sale of fine art can apply for an Art Gallery liquor permit to offer complementary alcoholic beverages. The licenses will be processed administratively by the Town Clerk's office. There being no further business, Chairman Levine adjourned the meeting 8:44 a.m. Jackie Williamson, Town Clerk f D RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, July 10, 2008 Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 10th day of July, 2008. Committee: Chairman Homeier, Trustees Blackhurst and Ericson Attending: All Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Director Goehring, Officer McFarland, Assistant Dir. Mangelsen and Clerk Williamson Absent None Chairman Homeier called the meeting to order at 8:00 a.m. WATER Mary's Lake Water Treatment Plant (WTP) Expansion - Contract Approval. A General Contractor/Construction bid opening was held on June 26, 2008 for Mary's Lake WTP expansion project. The project design engineer's, HDR Engineering, pre- qualified eight construction companies to bid on this project. General Contractor Total Bid - (includes bid alternatives 1,2 and 3) Asian Construction, Inc. $3,574,411.00 Garney Construction No Bid Returned Hydro Construction Co, Inc. $4,545,761.00 Jennison Construction Co, Inc. $3,758,139.50 Moltz Construction, Inc. $3,477,418.50 Paramount Construction, Inc. No Bid Returned Stanek Construction, Inc. $3,655,000.00 Weaver General Construction $4,012,249.00 The total project cost is $5,995,766.50 which includes the lowest bid from Moltz Construction and an additional $2,518,348 for the Membrane Contract: GE Zenon Corporation. Staff recommends funding the project from the State Revolving Fund (SRF) in the amount of $5,465,000 and $850,000 from the Water Enterprise Fund for a total of $6,340,000 to cover project expenses and a 10% contingency fund. Sarah Clark/HDR Engineering stated the pre-qualified contractors that provided similar bids contacted HDR to further understand the scope of the project. Bids came in higher than expected due to increased costs for materials. HDR has worked with Moltz in the past and has been satisfied with their work. Director Goehring stated the ending fund balance for the Water Department would be $2.2 million after completion of the project and the minimum fund balance required would be $1 million for bonding. After further discussion, the Committee recommends approval of the contract with Moltz Construction for the construction of the Mary's Lake Water Treatment Plan at a cost of $3,477,418.50 from account #503-7000-580-33-32 as described above and placed on the Town Board agenda as an action item. ' 1 RECORD OF PROCEEDINGS Utilities Committee - July 10, 2008 - Page 2 Design Policies and Standards Update - Contract Approval. The current Water Department Design Policies and Standards were created by Black & Veach in 1989 and currently need to be updated to reflect industry and system changes. These policies and standards contain the basis for all of our construction standards, working in right-of-way requirements, types of available material, installation practices, and all of our contract and insurance requirements. All contractors who wish to build infrastructure for the Water Department are required to purchase and follow these designs and standards. This year, there is adequate funding in the Engineering account to accomplish this project. The Water Department has several large projects on the horizon which will require the extensive use of these updated policies and standards. Request for Proposals were sent to the following engineering firms: Nolte & Associates - $23,083 Landmark Engineering - $26,850 RG Engineers - $ 9,770 HDR- $22,238 Stantec Consulting - $24,116 Staff recommends the proposal from RG Engineers to update the Department's Policies and Design Standards at a cost of $9,770. The Committee questioned the significantly lower price provided by RG Engineering. Director Goehring stated the firm is smaller and does not have the overhead of the larger firms that bid on the project. The Water Department is currently working with RG on the Reclamation District project and has been satisfied with their work. The Committee recommends approval to contract with RG Engineers to update the Water Department Design Policy and Procedures for a cost of $9,770 from account #503-6500-560-22-02. YMCA Bulk Water Emergency Tap - Request Approval. After drought and low water supply conditions in 2002 the YMCA of the Rockies requested to enter into an Emergency Supply Agreement with the Town of Estes Park in the event that either a raw water or finished water supply depletion occurred the YMCA could receive service from the Town's water supply. In 2003, the Town of Estes Park entered into a five year agreement with the YMCA, this agreement expired in January of this year and the YMCA is requesting to enter into another year Emergency Supply Agreement. The Committee recommends approval of the Bulk Water Agreement with the YMCA. REPORTS 1. Electric Terminology - Director Goehring provided the Committee with a list of acronyms used by PRPA. 2. Marv's Lake Substation - The improvements to the substation are on schedule with delivery of one transformer scheduled for early next week and the second transformer ten days thereafter. 3. Alternative Power Incentives - Director Goehring suggested the Town power all Town owned facilities with wind energy, provide energy star rebates, continue to develop a small wind program and complete lighting upgrades to Town facilities. The Committee commented the Town needs to encourage people to conserve and be a leader in demonstrating how to be green. Staff will continue to develop additional incentives. There being no further business, Chairman Homeier adjourned the meeting at 8:49 a.m. Jackie Williamson, Town Clerk . I RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission June 17, 2008,1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Ike Eisenlauer; Vice-Chair Doug Klink; Commissioners Wendell Amos, Bruce Grant, Betty Hull, Joyce Kitchen, and John Tucker Attending: Vice-Chair Klink; Commissioners Amos, Hull, Kitchen, and Tucker Also Attending: Director Joseph, Planner Shirk, Planner Chilcott, Town Attorney White, Town Board Liaison Homeier, and Recording Secretary Roederer Absent: Chair Eisenlauer, Commissioner Grant The following minutes reflect the order of the agenda and not necessarily the chronological sequence of the meeting. Vice-Chair Klink called the meeting to order at 1:30 p.m. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA a. Approval of meeting minutes dated May 20,2008. b. SPECIAL REVIEW 08-01, Cricket Communication Tower, A Portion of S36-T5N- R73W of the 6~h P.M., 1435 Prospect Mountain Drive, Cricket Communications/Applicant-Request for continuance to the July 15, 2008 Estes Valley Planning Commission meeting c. AMENDED PLAT, Lots 1, 2, & 4, Replat of Lot 26, Block 1, Fall River Estates, 1135 Fall River Court, John & Peter Simonson/Owners, Van Horn Engineering/Applicant-Request to combine three lots into one lot d. AMENDED PLAT, Lots 2&3 of the Amended Plat of Lot 3, Broadview Subdivision, and a Portion of E 1/2 of W 1/2 of the SW 1/4 of S35-T5N-R73W of the 6~h P.M., 1425 Upper Broadview, David Followill/Owner, Van Horn Engineering/Applicant-Request to adjust the boundary line between two adjoining lots It was moved and seconded (Hull/Kitchen) to accept the consent agenda, and the motion passed unanimously with two absent. 3. REPORT: Presentation of Draft Management Plan, Estes Valley Recreation and Park District Stan Gengler, Estes Valley Recreation and Park District Executive Director, presented information regarding the draft management plan for the recreation district, which is a resource management plan developed in conjunction with the Bureau of Reclamation (property owner) and EDAW (consultant). The plan is a 10-year plan for four properties managed by the recreation district-the East Portal, Mary's Lake, Lake Estes, and Common Point. Mr. Gengler outlined the recreation district's process for development of the plan and provided specific details of contemplated improvements at Lake Estes as an example of the results of the planning process. There is not funding for all the improvements identified at the sites; however, the management plan provides a guideline for improvements as funding becomes available over the next ten years. Improvements to provide or improve ADA accessibility have a high priority. The primary revenue stream is provided by the Bureau of Reclamation, with additional funding via matching grants and additional incremental funding. The complete draft management plan is available online at www.estesvallevrecreation.com. All comments regarding the plan must be submitted in writing by June 23,2008 to Kara Lamb at klamb@qp.usbr.gov. Planning Commissioners expressed general support for the management plan and briefly questioned Mr. Gengler about improvements and operations at Mary's Lake Campground and Cherokee Draw. r . RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 June 17, 2008 4. DEVELOPMENT PLAN 08-05, RIPPLING RIVER ESTATES, A Metes and Bounds Property Located in the SE 14 of S34-T5N-R73W of the 6~h p.M., TBD Moraine Avenue, Ann Toft/Owner, Steve Eck & Steve Williams/Applicants Staff Presentation: Planner Shirk summarized the staff report. This is a request to build seven residential/accommodations units on a 2.5-acre property zoned A-Accommodations, which allows both of these uses. This is the third development plan application for this site; two previous development plan applications were disapproved. Rippling River Development Plan 07-07 was disapproved at the staff level due to non-compliance with several requirements of the Estes Valley Development Code (EVDC), and Development Plan 08-01 was disapproved by the Planning Commission due to limits of disturbance standards, development in the floodplain, and increase in density due to fill in the floodplain. The current proposal would meet the criteria for staff-level review if not for the previous disapprovals because only seven units are proposed; ten or more units requires review by the Planning Commission. The applicants have made changes to the site design and now propose three duplexes and a single, detached unit. The site design complies with applicable zoning requirements such as density, setbacks (including the river setback), and building height. The property is largely open with the exception of trees adjacent to the road and along the Big Thompson River. The majority of the site lies within the floodplain, and the proposal includes fill in the floodplain, which will raise portions of the site by three to four feet. The applicant has received a conditional letter of approval from FEMA (a CLOMR-F) to allow alteration of the floodplain by placement of fill material. The southern/eastern perimeter of the fill material would coincide with the required 50-foot setback from the river. The proposed seven units do not exceed the density allowed on the site prior to placement of any fill material. A recommended condition of approval is that final approval be obtained from FEMA (a LOMR-F) prior to issuance of the first certificate of occupancy. The applicants propose to dedicate an additional ten feet of road right-of-way to Larimer County and were granted a variance approval by the Estes Valley Board of Adjustment in October 2007 to allow portions of the access drive and parking to be located within the 25-foot arterial landscaping buffer area along the road. Approval of the variance included a condition that district-buffer landscaping be installed along the road, which requires a greater number plantings, including evergreens, that should conceal the development from the road once the plantings mature. The current development plan proposal (08-05) satisfies the landscaping requirements. The applicants submitted a wildlife analysis and wetlands report prepared by a qualified consultant, who found that the property contains no wetlands except for wetland fringes along the Big Thompson River. No endangered species use the site. The consultant provided recommendations to mitigate impacts of the development; compliance with these recommendations is included as a recommended condition of approval. The applicants propose additional riparian landscaping along the river, including willows, dogwood, river birch, and alders. It is staff's opinion that these plantings offset the proposed fill in the floodplain area. The applicants also propose three porous landscaping detention ponds to detain runoff. A retaining wall is proposed at the driveway entrance, which will minimize grading and allow retention of existing vegetation in that area. The applicant's request has been submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from the Estes Valley Trails Committee, Upper Thompson Sanitation District, Town Attorney Greg White, the Town Light and Power Department, Larimer County Addressing Coordinator, and Fire Chief Scott Dorman. No written comments were received from neighboring property owners. The proposed impervious coverage is approximately 19%, less than one-fifth of the site, which will result in minimal site disturbance. Planning staff recommends approval of the proposed Rippling River Estates Development Plan 08-05 with five conditions of approval as shown below. f D RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 June 17, 2008 Applicant Presentation: Lon Sheldon/Van Horn Engineering was present to represent the applicants. In response to a question from Commissioner Tucker, he stated his belief that the requirement to provide a handicapped-accessible unit is triggered with development of eight units. The applicants will comply with applicable regulations and will modify plans to provide an accessible unit if necessary. He noted the original floodplain mapping for the property was erroneous. The applicants corrected the error through FEMA, which resulted in a much larger portion of the property being placed in the floodplain and was to their detriment in terms of developing the site. Mr. Sheldon stated Van Horn Engineering, the developer, and Town staff have learned three things during the reviews of development proposals for this property: â€¢ Floodplain errors need to be quantified and corrected early. â€¢ The pre-development and post-corrected floodplain residual area is the basis for density in the Estes Valley. Developers must incur the costs associated with floodplain mapping correction, which, in turn, may reduce the developable area of the lot. â€¢ The shape and orientation of units on uniquely shaped lots is a very important aspect in site design. Units must be shaped to fit the developable area. The applicants have worked to address all issues associated with the site and are in agreement with the conditions of approval recommended by staff. Public Comment: None. Planning Commissioners' Comments: Commissioners Hull and Tucker expressed appreciation for the work done to change and improve the proposal. It was moved and seconded (Kitchen/Hull) to approve Development Plan 08-05, Rippling River Estates, for the Metes and Bounds Property located in the SE 1/4 of S34-T5N-R73W of the 6~ P.M., with the findings and conditions recommended by staff, and the motion passed unanimously with two absent. CONDITIONS: 1. A Development Construction Permit shall be issued through the Larimer County Engineering Department prior to issuance of any permits. 2. Construction plans shall be approved by the Town of Estes Park Water and Light and Power Departments, and the Upper Thompson Sanitation District, prior to issuance of a building permit. 3. All units shall require a setback certificate prepared by a registered land surveyor. These certificates shall verify the foundations comply with approved plans. 4. Compliance with the following: a. Wildlife Habitat Evaluation and Impact Analysis for the Rippling River Estates Development Plan, dated April 23,2008. b. Letter from Community Development to Van Horn Engineering dated June 6,2008. c. Letter from the Estes Valley Recreation and Park District to Dave Shirk dated May 20,2008. d. Letter from Upper Thompson Sanitation District to Dave Shirk dated May 13, 2008. e. Letter from Greg White to Dave Shirk dated May 23,2008. f. Memo from Mike Mangelsen to Bob Goehring dated May 14, 2008. g. Comments from Karlin Goggin, Larimer County Addressing Coordinator, dated May 19, 2008. h. Memo from Scott Dorman to Alison Chilcott dated May 19, 2008. 5. Prior to issuance of the first certificate of occupancy, compliance with the following: a. Right-of-way and easements shall be dedicated to and accepted by Larimer County. The applicant should begin this process as soon as possible to ensure no delays in issuance of a certificate of occupancy. b. Postal box, stop sign, and trash enclosure shall be installed. c. Street and river landscaping, as well as landscaping for the specific unit, shall be installed. The applicant should account for this requirement in their project phasing. d. A copy of the LOMR-F, as approved by FEMA, shall be submitted to Community Development and Larimer County Engineering. . RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 June 17, 2008 5. PROPOSED AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE, BLOCK 11: APPEALS Town Attorney White stated that since the Estes Valley Development Code's adoption in 2000 few, if any, appeals have been filed. When an appeal to the Town Board was received last year, staff realized the appeals section of the Code was nebulous. Proposed changes address issues such as how and when to file an appeal, what to include in an appeal, and when a public hearing will be scheduled. The changes would provide certainty to those involved in the appeal process. The changes would not affect court appeals, which are governed by Colorado state statutes. Proposed changes are as follows (text to be added is underlined; text to be deleted has been st,:welethfewgh): F. Timing of Appeals. Unless a different time frame is set forth in a specific provision of this Code or in applicable provisions of the Colorado Revised Statutes, all appeals shall be taken to tho appropriato appeal authority or court in writing and filed within thirty (30) days after the final action or decision being appealed. There shall be no right to appeal anv action or decision if a written notice of appeal has not been filed challenged, and all decisions that have not bccn appealed within said thirty (30) days Period. Ghall-beGeme-#Bal: fl Filing of Appeals. Written notice of appeals shall be filed as follows: 1 Appeals to the Town Board of Trustees shall be filed with the Town Clerk. 2: Appeals to the Board of County Commissioners shall be filed with the Estes Park Community Development Department. 1 Appeals to the Estes Valley Planning Commission shall be filed with the Estes Park Community Development Department. EL Hearing of Appeals. The hearing before the Estes Valley Planning Commission, Board of County Commissioners, or Board of Trustees shall be held within sixtv (60) davs of filing the written notice of appeal. L Form of Appeal. Each written notice of appeal shall state specific grounds for the appeal and cite all relevant Sections of the Estes Valley Development Code. The Board hearing the appeal shall only consider those matters specified in the written notice of appeal. Public Comment: None. It was moved and seconded (Hull/Tucker) to recommend approval of the proposed Block 11 Amendments to the Estes Valley Development Code regarding Appeals to the Estes Park Town Board of Trustees and Larimer County Board of County Commissioners, and the motion passed unanimously with two absent. 6. REPORTS: Special Events Permits for Properties Outside Town Limits: Planner Shirk stated at their June 16, 2008 meeting, the Larimer County Commissioners approved a provision that requires special events permits for properties inside the Estes Valley planning area but outside Town limits to be reviewed through the County Administrator's office if the event is planned for 300 people or more. Commissioner Hull questioned whether approved permits must be renewed annually. Planner Shirk indicated he would find out and let the Commissioners know. Potential Amendments to Estes Valley Development Code Regarding Accessory Dwelling Units: Provisions of the Estes Valley Development Code (EVDC) currently allow accessory dwelling units (ADUs) if the property is zoned for single-family residential use (unless the property is zoned R-1, in which case it is disallowed), if the lot exceeds the minimum lot size by one-third, and if the ADU is integrated within the principal structure. The planning department has a policy in place to determine when a living area becomes an ADU. An appeal regarding staff's determination that a proposed remodel resulted in an ADU on a lot that did not meet the minimum-lot-size requirement was heard by the Board of Adjustment in June 2006. The Board upheld staff's determination but requested the EVDC be amended to provide better definition of what constitutes an ADU. , b RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 June 17, 2008 Planning staff researched ADU regulations for dozens of other communities and found some commonalities. Staff suggests that ADUs would help advance a number of community-wide policies found in Estes Valley Comprehensive Plan Chapter 6, including policies found under 3.0 Growth Management Policies, 5.0, Housing Policies, and 7.0 Economics. Staff also received comments from the Estes Park Housing Authority indicating that ADUs would help address the need for affordable housing and should be allowed to contain two bedrooms. Based on this research, staff provided sixteen suggestions for Planning Commission consideration. Staff and Planning Commissioners' discussion/comment on each item is summarized below. Staff will use feedback from Commissioners to draft proposed Code amendments, which will be available for public comment and presented during public hearings within a few months. 1. Allow in all single-family residential zoning districts, provided the lot is at least 14 acre and meets minimum lot size. Discussion/Comment: It may be reasonable to use a sliding scale because an ADU would not be allowed on a 9.8-acre lot in a ten-acre zoning district under this guideline and non-conforming lot sizes are common in the Estes Valley. The terms and conditions imposed by conservation easements may prohibit an ADU or may specifically address allowed structure size and location. Consider adoption of a minimum lot size requirement that would apply only to lots less than 2.5 acres in size. The requirement to meet minimum lot size would establish more of a sliding scale as opposed to a minimum standard. The value of a sliding scale would be that it sets standards that are more tailored to the character of existing neighborhoods. 2. Allow to be detached by Special Review or "by right" if the subject lot is twice the minimum lot size for the zone district. Discussion/comment: ADUs could be distinguished as detached, integrated within, or connected. Special review of detached ADUs would provide for a higher standard and would allow an ADU to be denied based on impact to a neighborhood. Suggestion #15 addresses standards for slope, limits of disturbance, and so forth. ADUs should not be allowed in the R-2 (Two-Family) or RM (Multi-Family) zoning districts. Consider adoption of a standard that would limit the distance of a detached ADU from the principal residence to keep building massing more compact, which would mitigate some of the potential negative effects to the neighborhood. If topographic conditions on a site required an ADU to be located at a greater distance from the principal residence than allowed, the applicant could request variance approval from the Board of Adjustment. Driveway access to detached ADUs should be limited to the existing curb cut. The current policy is to require a common wall between an ADU and heated, conditioned living space; a garage would not count. A sound barrier may be extremely important to a homeowner; defining an ADU that is connected to an attached garage as an "attached" ADU would serve that purpose and would provide greater flexibility for property owners. Some flexibility in the Code provisions is important due to topographic constraints on many lots in the Estes Valley. 3. All "by right" ADUs require staff-level site plan review before applying for building permit. Impose 30-day timeframe for staff review and tie to xxx fee. Discussion/comment: Attorney White expressed his opinion that if ADUs are allowed they should be a use-by-right, even if they are detached. Special review requires a hearing before the Planning Commission and Town Board or County Commissioners. Since it is a discretionary review, the Commission/Board may be pressured by neighbors to deny an application if the property owner is disliked by neighbors, and a decision for denial is subject to appeal. Additional comments included: A detached ADU has the potential for greater neighborhood impact than an ADU integrated within the residence. The special review process provides for legal notice and public comment. Neighbors may point out issues specific to their neighborhood that may not occur to staff. Once a structure is built, it affects a neighborhood for a long time. Although some other jurisdictions do not require special review, it is not uncommon to require it; for instance, Larimer County requires special review (a public hearing) for all detached ADUs. Because there is i , RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 June 17, 2008 such variety of topography, lot sizes, and mixed uses within neighborhoods, it would be important to have the opportunity for special review for situations not covered by adopted standards. By allowing an attached ADU to be a use-by-right and requiring special review of detached ADUs, a balance would be provided. 4. Shall be owned together with main dwelling. Discussion/comment: Planner Shirk noted this provision is universal in other jurisdictions. It would prohibit the conversion of an ADU into a condominium (a subdivision of property) and prevent an ADU from being sold separately. 5. Require land-use affidavit be recorded to ensure future homeowners are aware of regulations. Discussion/comment: Vice-Chair Klink stated this provision seems straightforward and necessary. 6. Allow one unit (either the principal or accessory) to be rented separately, provided the owner lives full-time in the other unit. Discussion/comment: This is a very common provision for ADUs because it stabilizes communities. For instance, "empty nesters" or retirees could live in their ADU and rent their residence or a caregiver could live on-site. The term "full-time" needs to be defined. It may be reasonable to expect a property owner could take an extended vacation. An owner may live elsewhere part of the year. The Code should specify that rental of both units is prohibited due to the accessory nature of ADUs. 7. Require a minimum three-month lease (prohibit short-term use, but allow summer workers to stay in units without burden of year-long lease). Discussion/comment: This provision would prohibit nightly, weekly, or monthly rentals but would help provide living quarters for seasonal workers, an important need in resort communities. Enforcement would be handled through the code enforcement officer. 8. Allow two bedrooms in an ADU. Discussion/comment: The wording should be clarified to indicate that up to two bedrooms are allowed; it is not a requirement to provide two bedrooms. 9. ADU size may be 34 that of the primary dwelling, but not to exceed 1,000 square feet (excluding mechanical areas). Discussion/comment: Nearly all jurisdictions impose a size limit on ADUs; limits generally range from 800 to 1,200 square feet. There is no limit on the size of a principal dwelling. An ADU should be limited in its purpose and scope-it is meant to be accessory and it is important to have a hard-and-fast square-footage limitation. The proposed 1,000-square-foot limit is based on input from local architects and designers and would provide room for two bedrooms, cooking and laundry facilities, etc. Staff would prefer to have a way to determine whether a proposed ADU would result in a duplex. By allowing attached ADUs, a duplex-style use would be allowed, although unity of ownership would be retained, both "sides" could not be rented, and the "duplex" would be lopsided. 10.All ADUs count toward cumulative accessory-use square footage. Discussion/comment: Because an ADU is an accessory use, it is sensible to count the square footage of an ADU in the total accessory-use square footage allowed on a property. For instance, garages, whether attached or detached, count toward the total accessory-use square footage-staff has not observed property owners substantially increasing the size of their proposed residence in order to have a larger garage. The Commissioners would like public input on this issue. 11. Coordinate with utility providers to determine their needs regarding utility service lines and tap fees. Discussion/comment: Staff will contact utility providers to determine their requirements for attached and detached ADUs and will seek information on requirements/limitations for properties that are on wells. The Code should include I D RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 June 17, 2008 the provision that if the ADU and primary residence are on separate meters, both meters must be under the primary owner's name. 12. Require architectural compatibility, prohibit mobile homes, trailers, RVs. Discussion/comment: Although the Code standards regarding mobile homes, trailers, and RVs appear elsewhere in the EVDC, staff would like the standards reiterated in the section governing ADUs so that all the ADU guidelines are found in one place in the Code. There are very minimal architectural/design standards in the EVDC, but they are commonly applied to ADUs in other jurisdictions. 13. Include site design standards such as increased setbacks, off-street parking standards, landscaping, and lighting restrictions. Discussion/comment: Staff suggests it may be appropriate to provide standards specific to ADUs, such as increased setbacks so that a detached ADU would be closer to the owner's residence than the neighbor's property or so that parking for the ADU must be located behind the ADU. Staff requests additional feedback from the Commissioners regarding specific items that should be addressed. 14. No home occupation allowed in the ADU or principal dwelling (the ADU would essentially function as the "home occupation" in terms of vehicle trips generated). Discussion/comment: Following general discussion about whether a home occupation should be allowed in an ADU or in a principal dwelling provided there was no increase in traffic above that allowed under home occupation guidelines, it was agreed this would be unenforceable. There was general agreement that no home occupation should be allowed if an ADU is on site-the ADU would be considered the home occupation. 15. Should be subject to all General Development Standards set forth in Chapter 7 (including those that do not apply to existing single-family lots of record, but excluding paving requirements). Discussion/comment: The suggestion to exempt paving requirements was made because so many homes in the Estes Valley are on unpaved streets. The requirement to meet paving standards would protect neighbors on unpaved roads from impacts of additional traffic generated by ADUs, which may be more noticeable on unpaved roads due to dust and so forth. It may also encourage some neighborhoods to pave their roads. The requirement to meet paving standards would prohibit ADUs in areas such as Little Valley or Carriage Hills, where ADUs may be beneficial. Many private road agreements would prohibit ADUs or require approval of other property owners. It may not be possible to meet ISO standards for fire protection, particularly on a property that is served by a well. Issues being discussed regarding ADUs are intended to expand the community's housing options via ADUs; however, there is nothing inherently unfair about setting standards for where ADUs would be allowed or disallowed. The Commissioners would like public input on this issue. 16. A total maximum occupancy of eight (8) individuals on a single-family lot if the parties are not related. Discussion/comment: There was brief, light-hearted discussion about how to determine whether individuals are related. Director Joseph complimented Planner Shirk, noting his exceptionally thorough work on the subject of ADUs. Commissioners expressed their appreciation and stated the matrix provided by Planner Shirk was very helpful. Vice-Chair Klink adjourned the meeting at 3:30 p.m. Doug Klink, Vice-Chair Julie Roederer, Recording Secretary 1 1 1111 TOWN OF [STES PARK Community Development Department Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Alison Chilcott, Planner 11, and Bob Joseph, Community Development Director Date: July 16, 2008 Re: Fall River Village, Amended and Supplemental Condominium Map #1, Fall River Village Condominiums, including Building #3, Lot 8, Fall River Village Final PUD, Fall River Village Communities/Applicant Background. The applicant has submitted an amended and supplemental condominium map application for Fall River Village. As noted in the statement of intent, this map will add Building 3 to the condominium regime and correct mathematical deficiencies in the original condominium map. Building 3 is the second of eight residential/accommodations buildings to be constructed on the lot. The lot is 3.529 acres in size and is zoned "CO" Commercial Outlying - PUD-M. This application is consistent with the approved Planned Unit Development #04-01. The first condominium map application for this property, which condominiumized (unitized) Building 1, was approved by the Town Board on June 27,2006. Budget Trf--42 2%' ftp None. 4- 8 1 -734<10- (1~ Willows -4--1-4 Â£.139 4441- gre~r#River Village ,*ormance-zx \20 f r Park ~A\_32 \ 11\ 1/1 ~ O ./.1- 0 West Park 6 Center / gE!khornAve. Action. * Approval of the condominium map application with the following conditions: 1. Compliance with the Town Attorney's comments dated June 20, 2008 and re- review of map by the Town Attorney. 2. Provision of 1/8" hatching around the border of Lot 8 on Sheet 1 of 4. 3. Provision of a to-scale vicinity map and correction of minor spelling and labeling errors on the vicinity map. 4. Inclusion of the vested rights statement on Sheet 1 of 4. â€¢ Page 2 .'I:T.~ Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: David Shirk, Planner-Ibâ€¢5 Date: July 22,2008 Subject: Fall River Estates - Amended Plat of Lots 1,2 and 4, Replat of Lot 26, Block 1 Background. The property owners, U----1 6 John and Peter Simonson, request to combine three lots into a single site -LA lot. The resultant lot, at 1.81 acres, meets the minimum lot size for the "E-1" Estate zone district. This %11 proposal complies with applicable Rocky , 00 sections of the Estes Valley National ..4 L r \ 1 â„¢76 C k \ ~i Mountain Development Code, specifically Park 9-~~~dk -1/ ht ~11\ \6 I those set forth in Section 3.9 ( LA k- 11 .. .- \\40\\1 "Subdivisions" and Section 10.3 ~~ ".4-Â·Â·A "Review Procedures." i -2 Budget. N/A Action. At their regularly scheduled June 17, 2008 meeting, the Estes Valley Planning Commission voted to recommend APPROVAL of the Amended Plat of Lots 1, 2 and 4, Replat of Lot 26, Block 1, Fall River Estates CONDITIONAL TO compliance with the following memos: 1. From Greg White to Dave Shirk dated May 23,2008. 2. From Mike Mangelsen to Bob Goehring dated 5-14-08 (requires additional information regarding utility lines). 3. From Greg Sievers to Dave Shirk dated May 16, 2008 (except comment 2). CMS PLANNING & DEVELOPMENT FAX TO: JACKIE WILLIAMSON FROM: FRANK THEIS DATE: 7/11/08 RE: ELKHORN LODGE REDEVELOPMENT This Fax contains 1 page including this cover sheet. JACKIE: ON BEHALF OF ROCK CASTLE DEVELOPMENT COMPANY, I AM REQUESTING THAT THE TOWN BOARD HEARING OF THE ELKHORN LODGE REDEVELOPMENT RE- ZONING, PRELIMINARY PLAT, AND PRELIMINARY P.U.D. BE CONTINUED UNTIL SEPTEMBER 23,2008. PLEASE CALL ME IF YOU HAVE ANY QUESTIONS. SINCERELY, / V FRANK THEIS CMS PLANNING & DEVELOPMENT, INC. P.O. BOX 416 ESTES PARK, CO 80517 TEL/FAX (970) 577-9744 ~ Amendments to the Estes Valley ~ Development Code: Appeals ~ Estes Park Community Development Department *I~*t Municipal Building, 170 MacGregor Avenue ~ PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com DATE: July 16, 2008 TITLE: Appeals - 1 725 c=kr==U~-Â·7 / m USES / REQUEST: To make a number of changes hy- -7 rEf~~Li< r-'- and corrections to the adopted Estes Valley =L Development Code. Rxly 1Vbtr1ain USFS 1*dioral Earl< .4 LOCATION: Estes Valley, inclusive of the Town of Estes Park. USFS RM'~IP halary bly APPLICANT: Estes Valley Planning 1- Commission STAFF CONTACT: Bob Joseph APPLICABLE LAND USE CODE: Estes Valley Development Code PROJECT DESCRIPTION/BACKGROUND: These Code revisions address the following: ORGANIZATION: 1. Text to be replaced delineated with strikethrough (abc de fghi jk Imn op qrstuv w 2. New text delineated with underline (abc de fohi ik Imn op arstuv w xvz). 3. Revisions have been organized sequentially by chapter and section. ITEM 1: Â§ 12.1 APPEALS See also Chapter 2, "Code Administration And Review Roles," Â§2.1.B. A. Appeals from Final Decisions by the Boards. A party-in-interest may appeal a final decision made by either the Board of County Commissioners or Board of Trustees pursuant to this Code. All such appeals shall be taken to a Colorado court of competent jurisdiction. B. Appeals from Final Decisions by the Estes Valley Planning Commission. A party-in-interest may appeal a final decision made by the Estes Valley Planning Commission pursuant to this Code. All such appeals shall be taken to either the Board of County Commissioners or Board of Trustees, as applicable. C. Appeals from Final Decisions by Staff. A party-in-interest may appeal a final decision made by Staff in administrating or interpreting this Code. All such appeals shall be taken to the Board of Adjustment, except that appeals from Staff decisions on use classifications and separate lot determinations shall be taken to either the Board of County Commissioners or Board of Trustees, as applicable. (Ord. 18-02 #1) D. Appeals from Final Decisions by the Estes Valley Board of Adjustment. A party-in-interest may appeal a final decision made by the Estes Valley Board of Adjustment. All such appeals shall be taken to a Colorado court of competent jurisdiction. E. Appeals from Enforcement Actions. Appeals from issuance of a notice of violation or stop work order shall be taken to a Colorado court of competent jurisdiction. F. Timing of Appeals. Unless a different time frame is set forth in a specific provision of this Code or in applicable provisions of the Colorado Revised Statutes, all appeals shall be taken to the appropriate appeal authority or court in writing and filed within thirty (30) days after the final action or decision being appealed. There shall be no right to appeal anv action or decision if a written notice of appeal has not been filed challenged, and all decisions that have not bcon appealed within said thirty (30) days period. shall become final. fi. Filing of Appeals. Written notice of appeals shall be filed as follows: 1 Appeals to the Town Board of Trustees shall be filed with the Town Clerk. 2: Appeals to the Board of County Commissioners shall be filed with the Estes Park Community Development Department. 1 Appeals to the Estes Valley Planning Commission shall be filed with the Estes Park Communitv Development Department. ji Hearing of Appeals. The hearing before the Estes Valley Planning Commission, Board of County Commissioners, or Board of Trustees shall be held within sixty (60) davs of filing the written notice of appeal. L Form of Appeal. Each written notice of appeal shall state specific grounds for the appeal and cite all relevant Sections of the Estes Vallev Development Code. The Board hearing the appeal shall only consider those matters specified in the written notice of appeal. (Ord. 18-02 #1, 12/10/02) .. TOWN of ESTES PARK Utilities Department ESTES PARK INTER-OFFICE MEMORANDUM COLORADO DATE: July 22,2008 TO: Town Board FROM: Bob Goehring SUBJECT: Extension of Platte River Power Authority's Organic Contract & Power Supply Contract terms BACKGROUND In the mid 1960s, future limits on the availability of federal hydropower compelled the municipalities of Estes Park, Loveland, Longmont, and Fort Collins (Member Municipalities) to create a non-profit corporation that would purchase energy from the Bureau of Reclamation in a block for resale to the individual Member Municipalities. However, this corporation faced limitations because it was unable to issue tax-exempt bonds to finance capital proiects. At the time, legislation did not allow for the Member Municipalities to act iointly, so the matter was taken to the Colorado government. A subsequent amendment to the Colorado Constitution, ratified in 1 974, allowed for the establishment of a power authority, a "separate governmental entity," with the power to own energy generation and transmission facilities with investor-owned and cooperative utilities. The Platte River Power Authority (PRPA) was established on June 16,1975, by the Member Municipalities through an Organic Contract which allowed PRPA to take the place of the previous non-profit corporation. One of the stipulations of the Organic Contract is the establishment of the "Power Supply Contract" between PRPA and each Member Municipality guaranteeing all power required by the Member Municipality is purchased from PRPA. Because many of the actions taken by the PRPA are long-term in nature, there has been a practice of re- extending the Organic Contract every 10 years so its term never falls below 30 years. The Organic Contract was extend in 1980 to December 31,2020, and again in 1998 through 2040. BUDGET Acct. # 2007 2008 502-6100-520.28-08 $4,645,508 $5,138,444 Purchased Power RECOMMENDATION Staff recommends extending the PRPA Organic Contract and the Power Supply Contract through 2050. AMENDED CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY This contract, made this day of , 2008, between PLATTE RIVER POWER AUTHORITY, a political subdivision organized and existing under and by virtue of the laws of the State of Colorado (hereinafter called "Platte River") and the TOWN OF ESTES PARK, COLORADO, a municipal corporation of the State of Colorado (hereinafter called "Estes Park"). jr\ WITNESSETH: 3 ., X /3 \ VE / / A 4 WHEREAS, Platte River, owns, operates and IAaintains electric ge~rating facilities, 1 V. 1 1 transmission lines, substations, and related facilities for the purpose of suvplying elktric power 4, I i and energy to municipal electric systems for resale; and ~\~\ WHEREAS, Platte River has heretofore enteFEd.into or Jill enter into agreements for the \ \,fl> sale of electric power and energy similar 17< form top *is~Agreementwith the cities of Fort 2/ Collins, Longmont and Loveland (wh#]h n~~nicipalitiesw-areterdinafter collectively called "Municipalities"); and C 'r-h WHEREAS, 66 Agreement replaces the Transmission Facilities Agreement between Platte River ariffICCs.park,~dateBUkrch'14, 1980; and~-'''~ it .4.4 WHEREAS, Estes Iflrk d@sires to purchase electric power and energy from Platte River 1 1 \. 1 on the tefms and conditions her@in ket forth; \ / 1!, \ ,/2, NOWATHEREFORE, in cohsideratiokof the mutual undertakings herein contained, the Parties hereto agree as follows: ~ ,~ It , j1 Article 1: Sale and Purchase of Electric Power and Energy (a) Platte Riverl:hall sell and deliver to Estes Park and Estes Park shall purchase and receive from Platte River all electric power and energy which Estes Park shall require for the operation of its municipal electric system to the extent that Platte River shall have such power and energy available; provided, however, that Estes Park shall have the right to continue to generate its own power and energy to the extent of the capacity of its generating facilities in service on September 5, 1974 and may also generate power and energy for its own use from any new generation resource(s) owned and operated by Estes Park provided that the total rated Estes Park Power Supply Agreement Amended and Restated _/_/2008 Page 1 of 9 capacity of all such new generation is no greater than 1,000 kW or one percent of the peak load of Estes Park, whichever is greater. (b) Subject to the provisions of Article 2(a), Estes Park hereby binds itself to take and pay for all power and energy that is generated, purchased or otherwise obtained by Platte River, and is furnished to Estes Park for resale pursuant to Article 1(a) hereof, said payment to be made at the rates set forth in the Tariff Schedules of Platte River in effect at the time the power and energy is furnished to Estes Park. Article 2: Rate for Power and Energv k lix \ (a) Estes Park shall pay Platte River for all electric-\power<and~energy furnished \Â« n hereunder at the rates and on the terms and conditions' as provided in the Platte,River Tariff Schedules; provided, however, that notwithstanding any ~flier~ovision of t~-Ag~ement, the J\\ obligation of Estes Park to pay Platte River,for-all electric power and energy furnished \Â« hereunder shall be, and is, a special obligation,of Est~Park payable stfy from revenues to be received by Estes Park from the sale of electric power a~hn~>gy to its electric utility customers 1Â» during the term hereof and is not a lien,*charge, or 4iabilitv {kgaihst Estes Park or against any a\/ C K 71 property or funds of Estes Park other than revenues to beâ€¢received by Estes Park from the sale of electric power.and.energyâ€¢.to its electric utility customers during the term hereof, and the t/ A \ \\ obligation to pay Platte River for 4all electric power. and energy furnished hereunder does not tl \ 37 constitute,<debt, liability, or obligatip of Estes Fark other than from its revenues to be received fr22~ke.tp<~ electric power And energy<o its electric utility customers during the term hereof, and Estes Rark is not otherwise obligated to pay such obligation. \\ (b) The\Board of Directors of Platte River at such intervals as it shall deem appropriate, but in any evept ndi less frequently than once in each calendar year, shall review 1 / the rates for electric power and energy furnished hereunder and under similar agreements with the other Municipalities and, if necessary, shall revise such rates to produce revenues which shall be sufficient, but only sufficient, with the revenues of Platte River from all other sources, (i) to meet the cost of operation and maintenance (including, without limitation, fuel, replacements, insurance, taxes, fees, and administrative and general overhead expense) of the electric generating plants, transmission system, and related facilities of Platte River; Estes Park Power Supply Agreement Amended and Restated _/-/2008 Page 2 of 9 ./ 1 (ii) to meet the cost of any power and energy purchased for resale hereunder by Platte River and the cost of transmission service; (iii) to make payments of principal and interest on all indebtedness and revenue bonds of Platte River and provide an earnings margin adequate to enable Platte River to obtain revenue bond financing on favorable terms; and (iv) to provide for the establishment and maintenance of reasonable reserves. (c) Platte River shall cause a notice in wriCÂ® to be javen tdteach Municipality to i / which it furnishes electric power and energy, which\notice shall'set out each revision of the ./in X rates with the effective date thereof, which shall be not less than-thirty (30) days after the date of Ned i n the notice. All rate adjustments shall apply equally to all Municipalities fo which,Platte River /6 \ 1 .1 furnishes electric power and energy, unless otherwise agreed upon, and-shall not be discriminatory. Estes Park agrees that the rates Â·from-time to time establisjled by the Board of Directors of Platte River shall be deemed to be substituted. for the htes piesently contained in ic . 1f the Tariff Schedules and agrees to pay; for electric power and er~prg*furnished to it hereunder i \ $ M after the effective date of any revisions to the Tariff Schedules at such revised rates. 74( Â«)Â¥ *4--31 Article 3: Cov@nants of PlattERiver \, 01 li (a)/Platte River sh111 ush yeasonable di~*ence to furnish a constant and uninterrupted \\ \ /0 supply ofqtctric power and energy,~ereunder. if the supply of electric power and energy shall U fail, or be interrupted, or become defective through uncontrollable forces, as defined herein, \\ )1 Platte River shallnot be liable for any claim of damages caused thereby. .\ 1. (b) Aiter~ first satisfying the electric power and energy requirements of all Municipalities to whi~h it~k~ni<hes electric power and energy, Platte River may, in its sole discretion, market and Pispose of any surplus electric power and energy which it owns or V produces or which Platte River is obligated by contract to purchase, under the most advantageous terms and conditions obtainable. Article 4: Covenants of Estes Park (a) Estes Park agrees to maintain rates for electric power and energy furnished to its electric utility customers which will, after payment of all of Estes Parkls costs of operation and Estes Park Power Supply Agreement Amended and Restated _/_/2008 Page 3 of 9 , maintenance (including, without limitation, replacements, insurance, administrative and general overhead expense), return to Estes Park sufficient revenue to meet its obligations to Platte River hereunder. (b) Estes Park shall not sell at wholesale any of the electric energy delivered to it hereunder to any of its customers for resale by that customer, unless such resale is specifically approved in writing by Platte River. (c) Estes Park acknowledges that it is familiar with~e provision of Platte River's contract with the Western Area Power AdministratiÂ¢Rhwhich requires>as a condition of the purchase of federally generated power, that the Municipalities comply*vith certain provisions of the "General Power Contract Provisions," which 11tached-hi~as'Attachment A. Estes \\ Park acknowledges its compliance obligations under the General Power Contra~@t Er~visions, as 1/ that document presently exists and as it may be modified in the future. Article 5: Conditions of Delivery of Power 121Â» (a) The electric power and e~erlg toye f~~lishedybygjtte,River shall be alternating . /\i (11 hereinafter provided and the Tariff Schedules. current sixty (60) hertz, three-~h-a~e slbject to condi~n~gf,d~very and measurement as Resp nsibilities fof thew facilities through which electric power and energy is delivered are set forth in Attachment B of this Agreement, attached hereto and made a part /l hereof. 1 21 3/ ~~(c) Estes Park shall mal@ and pay for all final connections between its system and the 401 \J system owned by>or available to, Platte River at the points of delivery agreed upon. (d) Jlies~therwise aglet, Estes Park shall install, own, and maintain the necessary substation equipm~it.~the444 of delivery from the system ot or available to, Platte River and shall install, own, and<maintain switching and protective equipment of adequate design V and sufficient capacity beyond such points of delivery to enable Estes Park to take and use the electric power and energy supplied hereunder without hazard to such system. (e) To provide adequate service to Estes Park, Platte River agrees to increase the capacity of an existing transmission point of delivery, or to establish a new transmission point of delivery at a mutually agreeable location, of a design capacity of not less than 10,000 kVa maximum nameplate rating at 55Â° C. rise, and in accordance with this Agreement. Estes Park Power Supply Agreement Amended and Restated -/-/2008 Page 4 of 9 I. 1 (f) Estes Park shall give Platte River at least two years written notice of the need to increase the capacity of an existing transmission point of delivery or the need for a new transmission point of delivery. If new transmission is required, Estes Park shall give Platte River at least four years written notice. The notice shall specify the amount of additional or new capacity, the new transmission required, and the desired initial date of its operation. Platte River shall, within sixty (60) days after receipt of such notice, and on the basis of the best information available to Platte River from system plans and load projections for Estes Park, inform Estes Park in writing of Platte River's plans adhchedi~~\A~~,1*spect to the supply of the additional capacity requested by Estes Park, and; Ahall thereafter ke~p Estes Park informed of Platte River's progress in supplying such additional capacity:)Ahy written notice requesting additional capacity at an existing point of delivery or,the establishmeAtâ‚¬f 'a-n21 point of delivery shall provide to Platte River any and all authorikhe~hsgry for its flciliti~ to occupy the property of Estes Park during the period *.WHichthat poirit,of ~dâ‚¬liv~y is used by Platte River for the delivery of power and energy. ~,2*<- -~4L11 SJ (g) If Estes Park requires the construction o{,a 115 kV,or 230 kV transmission line for r additional service where such line,ls i tap or radiahi* ove~*hichenergy can flow in only one direction, as distinguished from/a sy;~em line over~yhich energy can flow in either direction, then ownershiE operation and maintgance of such 115'EV or 230 kV transmission line will be 0 \ undertaken'by Platte River 1?ukhant to a s<Ba~ef~agreement with Estes Park which provides ll \ for an appropriate sharing of the ahnual costs of ownership and operation of such line for as 6--\ i k I 41 long as such energy flow and delivery conditions prevail. 1 1 11 Article 6: Consultatibn on System Planning i / (a) At lea~onceÂ·each.year, on or before July 1, Platte River shall consult Estes Park concerning its requireme~s-for transmission facilities to effect delivery of power and energy by Platte River. The date for such annual consultation shall be set by agreement of the Parties. (b) At least thirty (30) days prior to the date of such annual consultation, Estes Park shall provide Platte River with two (2) copies of its latest estimate of requirements for delivery of power and energy covering a future period of ten (10) years. Platte River shall review Estes Park's annual estimates and shall consider them in preparing Platte River's annual system plan. Following Platte River's annual consultations on delivery requirements with all Municipalities, Estes Park Power Supply Agreement Amended and Restated _/_/2008 Page 5 of 9 ' Platte River shall prepare an annual system plan for the delivery of power and energy to all Municipalities covering a future period of ten (10) years. Decisions regarding the construction of any transmission and delivery facilities by Platte River primarily to supply Estes Park, will take into account Estes Park's long-range distribution requirements and costs and the long- . range costs and benefits of alternative service plans. Platte River's annual system plan shall include appropriate load flow and stability studies and a copy thereof shall be furnished to Estes Park if requested. Article 7: Measurement of Power and Energy 0%4 (a) Metering equipment shall be furnished,'installed,/,nd maintaiq~1 by Platte River at each point of delivery to Estes Park at the low voltage side of the transformihg-e~hipment or at such other points as agreed upon by the Parties. - ~\I (b) Loss adjustments for low voltage side or.remote meterlng shall be as specified in the Tariff Schedules or as otherwise agreed by the Parties. Article 8: Meter Readings and Payment of.Bills 149 (a) Platte River shall re~a~~~eters and mvoice'Estes Park for power and energy / furnished hereunderÂ·-at approximately monthly mtervals. Such invoices shall be due and tf payable,to p'Platte Rivelbith~~t~men*(li~;3*from date of issuance and shall become tl delinquent thereafter. (b) If Estes Park's monthly bill becomes delinquent late charges at the rate of a one \\ )1 and one-half percent (11/2 %) per month of the unpaid balance shall be added, and if such bill is delinquent for~>p;hbd of fifteen<15) days or longer, Platte River may discontinue delivery of electric power and energy npt'less than fifteen (15) days following written notice to Estes Park. Article 9: Meter Testing and Billing Adjustment (a) Platte River shall test and calibrate meters by comparison with accurate standards at intervals of twelve (12) months, and shall also make special meter tests at any time at Estes Park's request. The cost of all tests shall be borne by Platte River; provided, however, that if any special meter test made at Estes Park's request shall disclose that the meters are recording Estes Park Power Supply Agreement Amended and Restated _/_/2008 Page 6 of 9 I . accurately, Estes Park shall reimburse Platte River for the cost of such test. Meters registering within two percent (2%) above or below normal shall be deemed to be accurate. (b) The readings of any meter which are disclosed by test to be inaccurate shall be corrected from the beginning of the monthly billing period immediately preceding the billing period during which the test was made; provided, that no correction shall be made for a longer period than such inaccuracy is determined by Platte River to have existed. If a meter fails to register, the electric power and energy delivered during such Reriod of failure shall, for billing A , *. purposes, be estimated by Platte River from the best informatio'n a*ailabld> (c) Platte River shall notify Estes Park in advance of any m ter reading or test so that /74 \ Estes Park's representative may be present at such meter readingÂ·or test: \\1 Article 10: Right of Occupancy and Access \111 1 3 Both Parties shall have a license to occupy-tte.property of the other Party necessary to deliver and receive power and energy under,this Agrsemenj. Duly authonzed representatives ... h / of either Party shall be permitted to enter th~]>Femisdi of ihe dther PAAy at all reasonable times in order to carry out the provisions of (this .Agreement. /\\C t3 Article 11: Uncontrollable Forces ..l\\* Ndither Par ty to t h~hA~hement ihilli,t-Sonsidered to be in default in performance of tic . -- any<of its fbligations, except the~a~reementto m<le payment when a failure of performance 1 t L 1 shall be>due'to an uncontrollable force. The term "uncontrollable force" means any cause # J beyond the contfol of the Party affected, including but not restricted to, failure of or threat of // failure of facilities,~R~od, earthÂ®ake, storm, fire, lightning, epidemic, war, riot, civil /4/ disturbance or disobedience,-labor dispute, labor or material shortage, sabotage, restraint by 1 -7 court order or public authority and action or inaction by, or failure to obtain the necessary V authorization or approvals from, any governmental agency or authority, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall require a Party to settle any strike or labor dispute in which it may be involved. Either Party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force Estes Park Power Supply Agreement Amended and Restated _/_/2008 Page 7 of 9 , shall give prompt written notice of such fact, if reasonable to do so, to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch. Article 12: Term of Agreement (a) This Agreement shall become effective when executed by both Parties, and shall amend and supersede the existing Contract for the Supply of Electric Power and Energy between Platte River and Estes Park, dated July 1, 1998. This Agreement shall remain in effect until December 31, 2050, and thereafter until terminatedlby either Râ‚¬y'following not less than twelve (12) months written notice to the other Party o|~Â·~ intenti~~o tei~~ate. (b) The Transmission Facilities Agreement between P,latte~her and Estes Park dated March 11, 1980, shall be deemed terminated as of the date ~of this Agreem~t.~1IO Article 13: Notices /52\ ~.-/9 Any formal notice provided for in thistA'greement, and the payment of monies due, shall be deemed prdperly served, given or ~a~,if *livered in person or sent by regular mail to the persons specified below: ((0~~07 - 04 4-7 For Platte River:- For Estes Park: if Generalâ€¢Manager /rown Administrator Platte'Rifer~Ii~~~thority j '~ 2006 East Horsetooth Road j P. O. Box 1200 2/'' Town of Estes Park Fort Collihs, Colorado 80525 Estes Park, Colorado 80517 A copy of any such nouce will als6 Be provided to the Estes Park Utilities Director. r\\\Â« Article 14: Severability ~~ In the event that any of the terms, covenants, or conditions of this Agreement or their application shall be held invalid as to any person or circumstance by any Court having jurisdiction, the remainder of this Agreement and the application of its terms, covenants, or conditions to such persons or circumstances shall not be affected thereby. Estes Park Power Supply Agreement Amended and Restated _/_/2008 Page 8 of 9 . IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written. PLATTE RIVER POWER AUTHORITY ATTEST: By: By: General Manager Secretary 6 4 \ /01 TOWN OF ESTES PARK ATTEST: \. ~c,/ IC By: By:\ 4 fÂ«\~ n Mayor ? Town Glerk-- 1) I ~L 4/ K pl~'ILâ€ž/ \ 1 1 9/ 11 It 14 1 - Nu \ 1 0 1 1/ Estes Park Power Supply Agreement Amended and Restated _/_/2008 Page 9 of 9 3, . I EXHIBIT A Effective September 1, 200 7 WES] ERN AREA POWER ADMINISTRATION GENERAL POWER CONIRACT PROVISIONS pagg I APPLICABILII Y. 1 Applicability . . 1 II. DELIVERY OF SERVICE PROVISIONSâ€ž 2 Character of Service ..... ... ....... ... ... . 1 3 Use of Capacity or Eneigy in Excess of'Contract Obligation , . 1 4 Continuity of Service.,. . 5 Multiple Points of Delivery . . . . 2 6 Metering 7 Existence ofTransmission Service Contract 3 8 Conditions of Ikansmission Se,vice .. . .. 3 9 Multiple Points of Delivery Involving Direct and Indirect Deliveries . 3 10. Construction, Operation, and Maintenance of'Conttactor's Power System . 3.4 III RATES, BILLING, AND PAYMENI PROVISIONS. : 11 Change of Rates.,...-. . . . . 4 12 Minimum Seasonal or Annual Capacity Charge 4 13 Billing and Payment . 4-5 14 Nonpayment of Bills in Ful] When Due . 5 15 Adjustments for Fractional Billing Period . "5 16. Adjustments fot Cuilailments to Firm Service . . 5.Â·6 IV. POWER SALES PROVISIONS. 1 7 Resale of-Firm Elootric Service (Wholesale Sales for Resale) .. . 6 18 Distlibution PIinciples. .... .. .... i . . 6 19 Comma Subject to Colorado River Compact .. 6 V FACIL]nES PROVISIONS, 20 Design Approval. . . ., .". . 6.7 ' 21 Inspection and Acceptance . . . . 7 i 22 As-Built Drawings.. ....,. ... .. . . 7 23 Equipment Ownership Markers. . 7 24 Third-Party Use of FacilitieL . ., , . . ,, 7 25 Changes to Western Control Facilities . . 7.Â·8 26 Modification ofWestern Facilities 27 1-ransmission Rights .. , , . , . , 8 28 Construction and Safety Procedures 8-9 29 Environmental Compliance........ .. .. 9 1 30 Responsibility for Regulated Materials . . 9 1 VT OTIIER PROVISIONS. t i 31 Authorized Representatives of the Parties . .. . . 9 i 32 Effact of Section Headings , . 10 f 33 Operating Guidelines and Procedures , 10 34. Uncontrollable Forces . . .. . .10 i 35 Liability . .... .. 10 36 Cooperation of Contracting Patties .,. 10-11 37 Tiansfer of Interest in the Contract or Change in Preference Status 11 : 38 Choice ofLawand Forum . 12 1 39 Waivers . â€¢ 12 12 1 40. Notices. ... 41 Contingent Upon Appropriations and Authorization .. 12 1 42 Covenant Against Contingent Fees . . . . , 12 * 43 Contract Work Hours and Safety Standards . , 13 44. Equal Opportunity Employment Piactices. . 13 13 45 Use of Convict Labor. .......1 *L.egal Citation Revised Septermbcr 1, 2007 ... Ellbctive Seplember 1,2007 WESTERN AREA POWER ADMINISIRATION GENERAL POWER CONIRACT PROVISIONS 1 APPLICABILITY.. 1 Applicability. 1.1 These General Power Contract Provisions (Provisions) shall be a pait of the contiact to which they ate attached. In the event these Provisions diftbr from requirements of the contract, specific terms set forth in the contract shall prevail 1.2 lf the Conuactot has member utilities which are vithet din:otly or indirectly receiving benefits from the contract, then the Contzactor shall require such members to comply with Provisions 10,17, 18,19,29,30,36,43,44, and 45 of these General Power Contract PIOVisionS II DELIVERY OF SERVICE PROVISIONS. 2. Character of Service. Electzic energy supplied or transmitted undet the contract will be three-phase, alternating current, at a nominal frequency of sixty (60) hatz (cycles peI second) 3 Use of Capacity or EnerRy in Excess of Contract Obligation. Ihe Contractor is not entitled to use Federal power, energy, or capacity in amounts greater than the West In contIact deliyeiy obligation in effect for each type of service provided for in the contract except with the appioval of' Western Unauthorized overruns of contract delivery obligations shall be subject to charges specified in the contract Or the applicable zate schedules. Overruns shall not establish any continuing right thereto and the Contractor shall cease any overruns when requested by Western, 01 in the case of authotized ovenuns, when the approval expit'es, whichevet occurs fi,Bt Nothing in the contiact shall obligate Western to inen:ase any delivery obligation. If additional powel, energy, or capacity is not available from Western, the responsibility for securing additional power, energy, 01 capacity shall rest wholly with the Contractor. 4. Continuity of Service, Electric service will be supplied or transmitted continuously except fbr: (1) fluctuations, intenuptions, or reductions due to uncontrollable forces, as defined in Provision 34 (Uncontrollable Forces) herein, (2) fluctuations, intenuptions, or reductions due lo operation of devices installed ibr power system protection; and (.3) temporary fluctuations, intenuptions, or reductions, which, in the opinion of the patty supplying the service, are necessary or desirable for the puIposes of maintenance, repaits, replacements, installation of equipment, ot investigation and inspection. The party supplying service, except in case of emergency, will give the party to whom service is being provided reasonable advance notice of such temporaiy intenuptions 01 reductions and will remove the cause thereof with diligence 1 0 4. Effective September 1,2007 5 Multiple Points of Delivery. When electic seivice is supplied at or transmitted to two or more points of delivery under the same tate schedule, said late schedule shall apply separately to the seivice supplied at or transmitted to each point of delivery; Provided, That where the meter Icadings are considered separately, and duxing abnormal conditions, the ContractotÂ·'s system is interconnected between points of delivery such that duplication of meteled power is possible, the meter readings at each affbetcd point of delivery will be adjusted to compensate for duplication of powey demand recolded by meten at alternate points of delivery due to abnoxmal conditions which arc beyond tlie Contractor's contiol ortempoIafy conditions caused by scheduled outages 6 MeteIing. 6 1 The total clectxic power and energy supplied or transmitted under the contiact will be measuied by metering equipment to be furnished and maintained by Western, a designated representative of Western, or where situations dccm it appropriate as determined by Western, by the Contractor 01 its agent(s). In the event mete:ing equipment is furnished and maintained by the ContIactor or its agent(s) and the equipment is used for billing and othet accounting purposes by Western, the Contracto! shall ensure that the melciing equipment complies with applicable metering policies established by Western 62 Mete, S shall be secured by appropIiate secluity measures and meters shall not be accessed except when the meters are to be inspected, tested, adjusted, m' repaired RepIesentatives of affected parties shall bc afforded reasonable opportunity to be Present upon such occasions. Metcting equipment shall be inspected and tested each yeaI by the party responsible for mete; maintenance, unless a different test interval is determined in accordance with good utility practices by an applicable regional metering policy, orÂ· as agreed upon by the parties. Meters shall also be tested at any reasonable time upon request by a paity her-eto, ot by an affected supplemental powet supplier, tiansmission agent, or control area operator. Any motedng equipment found to be damaged, defective, or inaccutate shall be repaired and readjusted oz replaced by the patty Imponsible fot meter maintenance as soon as practicable. Meters foundwith secluity breaches shallbe tested for tampexing and, i fappropriate, meter readings shall be adjusted by Westein puisuant to Provision 6 3 below 6.3 Except as otheiwise provided in Provision 6 4 hereof; should any meter that is used by i Western tbi billing 01 other accounting purposes fail to register accurately, thu electric pOWer und energy supplied i or transmitted during the peliod of' failure to registei accurately, shall, for billing purposes, be estimated by Western from the best available information 64 If inspections and tests of a meter used by Western for billing or other accounting purposes disclose an enor exceeding 2 peIcent, or a lesser lange in eno, as agteed upon by the parties, then a conection based upon the inaccuiacy found shall be made to the service records for the period of inaccuI acy as determined by Western. If'theperiod ofinaccuracy cannot be detennined, the inaccuiacy shall be assumed to have existed dwing the entitc monthly billing period immediately preceding the billing peilod in which the inspection or test was made and lhe resulting coriection shall be made accoldingly 6.5 Any correction in billing or other accounting information that results from a conection in meter recoIds shall be made in a subsequent monthly bill rendered by Western to the Contractor. Payment of such bill shall constitute full adjustment of any claim between the parties arising out of inacculatc inetering cquipinent 2 I. . Effective September 1, 200 7 7. Existence of Transmission Service Contract. If the contract provides for Western to furnish services using the facilities of a thild party, thu obligation of Western shall be subject to and contingent upon the existence of a tiansmission sÂ¢Tvice contract gianting Westem rights to use such facilities. If Westein acquites or constlucts facilities which would enable it to furnish direct service to the Contractor, Western, at its option, may furnish scivice over its own facilities 8 Conditions of Transmission Service. 8.1 When the electric seivice under the contract is furnished by Western ove, the fhcilities of others by virtue of' a transmission service armngement, the power and energy will be fumished at the voltage available and under the conditions which exist fl'om time to time on the transmission system over which the service is supplied 82 Unless otherwise provided in the contract or applicable tate schedule, the Contractor shall maintain a powei factor at each point of delively tiom Western's transmission agent as requited by the 1Iansmission agent 8 3 Western will endeavor to infoIm the Contractor fiom time to time of any changes planned 01 ptoposed on the system over which the service is supplied, but the costs of any changes made necessary in the Contractor's system, because of changes or conditions on the system over which the service is supplied, shall not bea charge against or a liability of-Western. 84 If the Contractor, because of changes 01 conditions on the system over which service under the contract is supplied; is required to make changes on its system at its own expense in older to continue reccivilig scivice under the contract, then the Contractor may tenninale seivice under the contract upon not less than sixty (60) days written notice given to Western prim to making such changes, but not thereafter. 85 If Western notifies the Contractorthat electric Service provided fbi under tho contact cannot be delivered to the Conuactor because of an insufficiency of capacity available to Western in the facilities of others over which setvice under the contract is supplied, then the Conuactor may tciminate se,vice under the contract upon not less than sixty (60) days written notice given to Western prior to the date on which said capacity ceases to be available to Western, but not thereaftei 9 Multiple Points of Deliverv Involvine Dicect and Indirect Deliveries. When Western has provided line and substation capacity under the Contract for the purpose of I deliveting electiic service directly to the Contractor at specified direct points of delivery and also has agreed to I absorb tiansmission service allowance or discounts for deliveties of energy over othet system(s) to indirect points : of delivery and the Contiactor shifts any of its load seived under the contract from direct deliveiy to indiiect delivery, Western will not absorb the transinission service costs on such shifted load until the unused capacity, as determined solely by Western, available at the direct delivefy points affbcted is fully utilized 10 Construction, Ovelation, and Maintenance of. Contractors Power System: The Contractor shall, and, if applicable, shall requiI-e each of its inembct s oI tIansmission agents to ! constiuct, opetate, and maintain its power system in a manner which, as determined by Westwn, Will not interfer-e with the opeiation of the system of Western Or its transmission agents over which elecnic seivices are furnished to i the Contractor under the contract, and in a manner which will coordinate with the protective relaying and other . protective artangements of the system(s) of Western or Western's tiansmission agents Western may reduce or 3 4. 4 Effbotive September I. 2007 discontinue furnishing services to the Contiacto, if, after notice by Western, the Contractoi fails oz refuses lo make such changes as may be necessary to eliminate an unsatisfaCtory condition on the Contractors power system which is deteimined by Western to intelfere significantly undeI cunent or probable conditions with any service supplied ftom the power system of Western ot from the power system of*a transmission agent of Westein Such a reduction or disconlinuance of service will not relieve the Contiactoy of liability toi any minimum charges pro,>ided fb: in the conuact during the time said services are reduced or discontinued Nothing in this PIOVision shall bc construed to render Western liable in any manner for any claims, demands, costs, losses, causes of action, damages, oI liability of any kind or nature arising out of' 01 resulting from the construction, opetation, 01 maintenance of the Conuactor 's power system III RATES, BILLING, AND PAYMENT PROVISIONS. 11 Chanee of Rates. Rates applicable under the contract shall be subject to change by Western in accordance with appropriate rate adjustment procedures. If at any time the United States ptomulgates a tate changing a late then in effect under the continct, it will promptly notify the Contractor thereof Rates shall become effective as to the contract as of the effbotive date of such rate. Ihe Contractol, by written notice to Western within ninety (90) days after the effective date of a rate change, may elect to terminate the seivice billed by Wastcm undei the new late Said te,mination shall be effective on the last day of the billing petiod mquested by the ContractolÂ· not later than two (2) years after the effective date ofthe new Inte. Service provided by Western shall be paid foi at the new zate regardless of whether the Contjactor exercises the option to tetminate service 12 Minimum Seasonal oi Annual Capacity Charge. When the tate in off'ect under the cont,act provides for a minimum seasonal or annual capacity chaige, a statement of the minimum capacity chalge due, if any, shall be included in the bill tendered fot service for the last billing period of tho seIvice season or contract year as appropriate. adjusted for increases or decreases in the contaot rate of delivery and for the number of billing periods dwing the yeai or season in which service is not provided Where multiple points of delivmy aze involved and the contract rate of delivery is stated to be a maximum aggregate zate of'delivety for all points, in detelmining the minimum seasonal or annual capacity chaige due, if any, the monthly capacity charges at the individual points of delivery shall be added together 1.3 Billing and Payment. 13.1 Western will normally issue bills to the Contractor fbi seivices furnished duting the preceding month within len (10) days after the end of'the billing period 13.2 If Westein is unable to issue timely monthly bill(s), Western may elect to r cndei estimated bill(s) Such estimated bilks) shall be subject to the same payment provisions as final bill(s), and any applicable adjustments will be shown on a subsequent monthly bill 13 3 Payments of bills issued by Western ate due and payable by the Contractot before the close of' business on the twentieth (20th) calendar day after the date of issuance of each bill or the next business day thereafter if' said day is a Satutday, Sunday, or FedeIal holiday Bills shall be considered paid when payment is received by Western. Bills will be paid electronically or via the Automated Clearing House method of payment unless a wzitten request to make payments by mail is submitted by the Contractor and approved by Westein Should Western agree lo accept payments by mail, these payments will bc accepted as timely and without assessment of the charge provided for in Provision 14 (Nonpayment of Bills in Full When Due) if a United States 4 I. e Effective September 1,2007 Post Office first class mail postmark indicates the payment was mailed at least thme (3) calendar days befbre the due date 13.4 Ihe pmties amee that net billing procedUIDS will bc used fbi payments duo Westcin by the Contractor and for payments due the Contractor by Western for the sale or exchange of elechic powe, and energy, use of' Uansmission facilities, operation and maintenance of clectric facilities, and other services Payments due one paIty in any month shall be offset against payments due the other paIty in such month, and the resulting net balance shall be paid to the party in whose favor such balance exists, Thc parties shall exchange such reports and information that either paIty requiles for billing purposes. Net billing shall not be used fot any amounts due which me in dispute 14. Nonpayment of*Bills in Full When Due, 141 Bills not paid in full by the Contiactorby the due date specified in Provision 13 (Billing and Payment) heieof shall bear a charge of five hundiedths pel'cent (0 05%) of the principal sum unpaid for each day payment is delinquent, to be added until the amount due is paid in full Western will also assess a fbe of twenty- five dollars ($25 00) for processing a late phyment. Payments received will fiist bo applied to the chaiges for late payment assessed on the principal and then to payment of the principal 14.2 Western shall have the right, upon not less than fifteen (15) days advance written notice, to discontinue furnishing the services specified in the contract for nonpayment of bills in full when due, and to lefuse to resume such services so long as any pait of the amount due temains unpaid Such a discontinuance of service will not relieve the Contractor of liability fbr minimum charges duiing the time service is so discontinued 1-hc tights reserved to Western herein shall be in addition to all othet remedies available to Western either by law or in equity, fbi the breach of any of the terms hereof 15 Adjustments fbr' Fractional Billing Period. i The demand or capacity charge and minimum chatges shall each be piÂ·oportionately adjusted whe fractional billing periods No applicable undet this contiact A fractional billing period can occur: 1) at the beginning or end of electric service; 2) at the beginning ox end of irrigation pumping service each yeal; 3) for a i fiactional billing peIiod under a new rate schedule; or 4) for fiactional petiods due to withdrawals of electric : se,vices The adjustment will be made based on the tatio of the number of hours that eleclic service is available ! to the Contractot in such fiactional billing period, to the total number of hours in the billing period involved Eneigy billing shall not be affected by fractional billing pwiods. 16 Adiustments for Curtailments to Firm Service, 161 Billing adjustments will be made if firm electric service is intenupted or reduced because of conditions on the power system of thc United States for periods of one (1) hourot longÂ¢I in duration each Billing ! adjustments will not be made when such cwtailment of electric smvice is due to a request by the Contractor OY a discontinuance of electric service by Western purnsuant to Provision 14 ONonpayment of Bills In Full When Due) Poi purposes of billing adjustments under this Provision, the term power system of the United States shall include transmission facilities used under contract but not owned by the United States 162 The total number ot hours of cuitailed film electric service in any billing petiod shall be determined by adding: (1) the suin of the number of hours of intenupted electric SCI vice to (2) the product, of'each reduction, of: the number of hours reduced electric service and the percentage by which clectfic service was i teduced below the delively obligation of Western at the time of each said 3*eduction of ClectxiC SCIVice The demand or capacity chat ge and applicable minimum charges shall each be proportionately adjusted in the ratio that ,5 ' ' 'â€¢J Effective September 1,2007 the total numbe[ of hours of electric service determined to have been CUItailed bears to the total numbe! of hours in the billing period involved 16 3 I he Contractot shall make wgitten claim within thirty (30) days alter receivingthe monthly bill, for adjustment on account of any cultailmeitt of firm electric sezvice, foI peiiods of one (1) hout of longer in dutation each, alleged to have occuned that is not reflected in said bill. Failure lo make such written claim, within said thirty-day (30-day) peIiod, shall constitute a waiver of said claim All cuitailments of electric seivice, which arn due to conditions on the power system of the United States, shall be subject to the terms of this Provision; Provided, That withdrawal of power and energy undei the contract shall not be considefed a clutailment ofelecttic Selvice IV POWER SALES PROVISIONS. 17 Resale of Firm Electric Service (Wholesale Sales for Resale). The Contiactor shall not sell any film electIic power 01 energy. supplied linder the contract to any electzic utility customer of the Contlactot for Iesalc by that utility customer; Provided, l'hal the Contractor may sell the electric power and energy supplied under the contract to its members on condition that said members not sell any of said power and energy to any customer of the membet for i'csale by that customer 18 Distribution Principles. Ihe Contractor agrees that the benefits of firm electric power 01 energy supplied under the contract shall be made available to its consumers at rates that are established at the lowest possible level consistent with sound business principles, and that these rates will be established in an open and public mannet The Contiactor further agrees that it will identify the costs of firm electtic powel 01 (mCIgy supplied undeI the contract and power ftom other Sol]Ices to its consumers upon request The Contractor Will demonstrate compliance with the requirements of this Provision to Western upon request 19. Contract Subiect to Colorado River Compact. Wheve the energy sold under the contract is generated flom waters of the Colorado River systern, the contract is made upon the expleSS condition and with the express covenant that all rights under the contfact shall be subject to and contiolled by the Colorado River Compact approved by Section 13 (a) of the Boulder Canyon Pioject Act of December.21, 1928, 43 USC Â§Â§ 617a-e, and the panics to the contract shall observe and be subject to and controlled by said Coloindo River Compact in the construction, management, and operation of the Â· dams, i'cservoirs, and powerplants fom which electtical energy is to be furnished by Westein to the Conttactot I under the contract, and in the stotage, diversion, delivery, and use of wateI for the generation of electrical energy to be delivered by Western to the Contractor under the cont,act V FACILITIES PROVISIONS. 20 Design Approval. 1 All facilities, construction, and installation by the Conttactor pursuant to the contiact shall be subjecl to the approval of Western Facilities interconnections shall normally conform to Western's current "Genetal Requirements fur Interconnection," in effect upon the signing of the contract document providing for each : inteiconnection, copies of- which are available Dom Western At least ninety (90) days, unless otheiwise agreed. 6 ... Effective September 1,2007 prior to the date the Contracto! proposes to commence constluction or to incur an obligation to purchase facilities to be installed pursuant to the contract, whichever date is the eailier, the Contractor shall submit, for the appioval of Western, detailed designs, drawings, and specifications of the facilities the Contiactor proposes lo purchase, construct, and install. The Contlactor assumes all risks foI constluotion commenced oI obligations to pulchase facilities incutiod prior to receipt of approval figm Western Western review and approval of designs and constiuction wolk in no way implies that Western is Cmlifying that the designs meet the Contractor's needs 21 Inspection and Acceptance. Western shall have the right to inspect the materials and wo;k furnished by the Contractor, its agents, employees, and subcontractors pursuant to the contract. Such inspections shall be at reasonable times al the WOIk site Any materials or work that Western determines is defective m not in accordance with designs, drawings, and specifications, as appioved by Western, shall be replaced or modified, as directed by Western, at the sole expense of the Contracto! before the new facilities are energized 22 As-Buill Drawings. Within a reasonable time, as determined by Westein, afterÂ· the completion of construction and installation of' facilities pursuant to the contract, the Contractoi shall submit to Western marked as-built prints of all Western drawings affected by changes made pursuant to the contiact and reproducible diawings the Contractoi has prepared showing facilities of' Western Ihe Contractor's drawings of*Western facilities shall use drawing title blocks, drawing numbers, and shall be plepared in accordance with diafting standuds all as app,oved by Western Western may plopaT'u, revise, or complete said diawings and bill the Contracto, if the Contractor thils to provide such drawings to Western within a reasonable time as determined by Westein 23. Equipment Ownership Maikers, 23 1 Ihe Contiaotor shall identify all movable equipment and, to the extent agreed upon by the parties, all otha salvageable facilities constiucted or installed on the United States right-of-way or in Western subslations pursuant to the contract which are owned by the Contiactot, by pennanently affixing thereto suitable maikels clearly identifying the Contractor as the owner of said equipment and facilities 23 2 If' requested by the Â· Contractor, Western shall identify all movable equipment and, lo the extent agreed upon by the parties, all other salvageable facilities constructed or installed on the Contractor's right-of-way or in the Contractoi's substations pursuant to the contract which arc owned by the United States, by petmanently affixing thereto suitable maikcls clearly identifying the United States as the ownet of said equipment and facilities 24 Ihird-Patty Use of Facilities. 1 he Contractor shall notify Western of any proposed system change relating to the facilities governed by the contract or allowing third-paity use of the facilities governed by the contract If Westem Tiotifies the Contractor that said system change will, as solely determined by Western, adversely affbct the operation of Western's system the Contractor shall, at no cost to Western, provide a solution to said adverse effect acceptable to Western 25 Changes to Western Control Pacilities. If at any time during the term of the contract, Western detomines that changes or additions to contiol, relay, w communications facilities are necessary to maintain the Itliability or control of Western's tiansmission 7 , / 0. Effective September L 2007 system, and said changes or additions aze entirely or partially required because of the Conbactor's equipment installed under the conuact, such changes or additions shall, aller Consultation with the Contractor, be made by Western with all costs or a proportionate share ot all costs, as determined by Western, to the be paid by the Contractor. Western shall notify the Contractor in willing of the necessary changes or additions and the estimated costs to be paid by the Contlactor, If the Contractor fails to pay its share o f said estimated costs, Western shall have the tight, aftei giving sixty (60) days' written notice to the Contractot, to terminate the applicable facility installation provisions to the contact and require the removal ot the Contiactor's facilities 26. Modification of Western Pacilities. Western reserves the light, at any time, to modify its facilities Western shall keep the Conttactor informed ol all planned modifications to Western facilities which impact the facilities installation puisuant 0 the contract. Western shall petmit the Contractor to change ot modify its facilitics, iii a manner satisfacto Iy to and at no cost 07 expense to Western, to retain the fheilities interconnection pinsuant to the contIact At the Contractor'S option, Western shall coopetate with the Contractot in planning alternate aIrangements for service which shall be implemented at no cost or expense to Western. The Contractor and Western shall modify the contract, as necessmy, to con fbim to the new facilities anangements. 27 Transmission Rights. It the cont,act involves an installation which sectionalizes a Westein transmission line, the ContractorÂ· hereby agrees to provide a nansmission path to Western across such seotionalizing facilities at no cost or expense to Westein. Said tiansmission path shall be at least equal, in terms of capacity and reliability, to the path in the : Western transmission line prior to the installation puIsuant to the contract 28 Construction and Safety Procedures. 28 1 'The Conttactor hereby acknowledges that it is aware of the hazards inherent in high-voltage electric lines and substations. and hereby assumes full responsibility at all times for the adoption and use of 3 necessary safety measures requized to prevent accidental tEm to peisonnel engaged in the constiuction, inspection, lesting, opeiation, maintenance, replacement, or removal activities of the Contractor pursuant to the contract. The Contractor and the authorized employees, agents, and subcontractors of the Contracto! shall comply with all applicable safety laws and building and consuuction codes, including the pIOVisionS of Chapter 1 of-the Power System Opwations Manual, entitled Power' System Switching Procedure, and the Occupational Safety and Health Administration regulations, Title 29 C.P R. Â§Â§ 1910 and 1926, as amended or supplcmented Illaddition to the safety plogiam iÂ·cquited hercin, upon loquest of the United States, the Contracto, shall piovide sufficient information to demonstrate that the Contractor's safety program is satisfactoiy to the United States 28 2 The Contnctor and its authorized employees, agents, and subcontractons shall familituize themselves with the location and character of all the Uansmission facilities of Western and inteIconnections of. others relating to the work performed by the Conhactor under the contract Prior to starting any construction, installation, orremoval work, the Continctor shall submit a plan ofprocedute to Western which shall indicate the sequence and method of per'forming the wolk in a safe manner No woik shall be pei foimed by the Conti actor, its employees, agents, or subcontiactors until written authorization to pl oceed is obtained from Western 28.3 At all timcs when the Contractor, its employees, agents, 01 subcontracto; s are pei foiming activities of any type pursuant to the contract, such activities shall be under supervision of a qualified employee, agent, or subcont,actor of the Contractor who shall be authotized to represent the ContractorÂ· in all matters pertaining to the activity being performed. The Contiactor and Western will keep each other informed of the names of thei; designated representatives at the site 8 . Effective September 1,2007 28 4 Upon completion ofits woik, the Contiactor shall remove from the vicinity of the right-of- way of the United States all buildings, rubbish, used mateiials, concrete forms, and othet like material belonging to the Contractor or used under the Contzactor's ditection, and in the event of- failute to do so the same may be removed by Western at the expense ofthc ConitactoT 28 5 In the event the Contiactor, its employees, agents, or subcontractors fail to comply with any requirement of this Provision, OI PIOVision 21 (Inspection and Acceptance) hclein, Western or an authorized representative may issue an of(lei to stop all 01 any paIt of the WOIk until such time as the Contractor demonsttates compliance with the provision at issue. The Contractoi, its employees, agents, or subcontructors shall make no claim fbi compensation or damages xesulting from such work stoppage 29 Environmental Compliance. Facilities installed under the contract by any paity shall be COnstructed, opetated, maintained, replaced, transpo}ted, and removed subject to compliance with al! applicable laws, including but nol lirnited to the National Historic Preservation Acl of 1966,16 U S.C Â§Â§ 470x-6, the National Enviionmental Policy Act of 1969, 42 LES C Â§Â§ 4321-4347, the Endangered Species Act of 1973, 16 US.C Â§Â§ 1531-1544, and the Archaeological Resources Protection Act of 1979, 16 USCÂ§Â§4 7088-470mm, and the regulations and executive ordeis implementing these laws, as they may be amended or supplemented, as well as any other existing or subsequent applicable laws, regulations, and executive orders 30 Responsibility fbr Regulated Materials. When either patty owns equipment containing regulated matetial located on the other party's substation, switchyard, tight-of-way, or other properly, the equipment owner shall bo Imponsible fbi' all activities related to tegulated matclials in such equipment that are necessaty to meet the requirements of the Toxic Substances Control Act, 15 USC.Â§Â§ 2601Â·2692, the Resouice Conservation and Recovery Ae{, 42 USC Â§Â§ 6901-6992k, the Comprehensive Envitonmental Response, Compensation, and Liability Act of 1980, 42 USC Â§Â§ 9601.9675, the Oil Pollution Act of 1990,33 U.S.C. Â§Â§ 2702-2761, the Clcan Water Act, 33 U S C, Â§Â§ 1251 Â· 1387, the Safe Dtinking Water Act, 42 U S C. Â§Â§ .300f 926, and the legulati(ms and executive orders implementing these laws, as they may be amended or supplemented, and any othet existing oi subsequent applicable laws, regulations, 1 and executive orders. Each patty shall label its equipment containing regulated inatelial in accordance with ! applopriate laws and regulations If the paity owning the equipment does not perform activities required under i appropriate laws and regulations within the time frame specified therein, the other party may perform 01 cause to i be peiformed the required activities after notice to and at the sole expense of the patty owning the equipment C VI OTHER PROVISIONS. 31. Authorized Representatives of the Parties. Each patty to the contract, by w~itten notice to the other, shall designate the iepiesentative(s) who is (are) authotized to act in its behalf with respect to those matters contained in the contract which are the fiinctions and responsibilities of the authorized Tepirosentatives o[ the parties. Each pany may change the designation of its authorized representative(s) upon otal notice given to the othet, confirmed promptly by written notice. 9 t, .. Efrbctive September 1,2007 32 Effect of Section Headings. Section headings or Provision titles appearing in the contract or these General Powet Contract Provisions aire insetted fox convenience only and shall not be constmed as interpxÂ©tations of text 33 Operatinz Guidelines and Procedures. 1 he panics to the contract may agree upon and put into effect from time to time, such othet written guidelines and procedures as may be required in ordet to establish the methods of operation ofthepowet system to be followed in the performance of the contract 34 Uncontrollable Forces. Neither paity to the contract shall be considered to bc in default in poiformance of any of its obligations under the contract, except to make payment as specified in Provision 13 (Billing and Payment) herein, when a failuie of peiformance shall be due to an uncontrollable force The letm "uncontiollable force" means any cause beyond the control of' the paity affected, including but not restlicted to, failure of or threat of failure of facilities, flood, earthquake, stotin, fite, lightning, epidemic, war, riot, civil disturbance or disobedionce, laboI dispute, laboi or material shortage, sabotage, restraint by comt oldeI Or public authoIity and action or nonaction by, or failure to obtain the necessazy authoxizations or approvals from, any governmental agency or authority, which by exercise of due diligence such paIty could not reasonably have beon expected to avoid and which by exercise of due diligenee it shall be unable to overcome Nothing contained heain shall be construed to mquire a party to settle any shike oi labordispute in whichit may be involved Either party iendeed unable to fulfill any of its obligations undet the contiact by reason ofan uncontrollable force shall give prompt written notice of such fact to the other patty and shall exercise due diligence to remove such inability with all reasonable dispatch 35 Liability, 35 1 The Contractor hereby agrees to indemnify and hold harmless the United States, its employees, agents, Or contiactors from any lods or damage and fiom any liability on account of personal injury, death, or property damages Or Claims for peisonal injuIy, death, or propeny damage of any nature whatsoever and by whomsoevci made arising out of the Conttactors'' its employees', agents', 01 subcontractors' consuuction, opetation, maintenance, of replacement activities undei the contract. 35.2 ' The United States is liable only fbI negligence on the part of its office,B and employees in accordance with the Federal Tort Claims Acl, 28 USC Â§Â§ 1346(b), 1346(c), 240104 2402,2671,2672, 2674- 2680, as amended 01 supplemented 36. Cooperation of Contracting Parties. If, in the operation and maintenance of'their respective power systems or electtical equipment and the utilization theteof Ibr the purposes of the contract, it becomes necessary by reason of any emergency or exuaordinary condition fol either party to request the other to fumish pensonnel, materials, tools, and equipment foi the accomplishment theteof, the party so requested shall cooperate with the other and Iende[ such assistance as the patty so requested may determine to be available. The payty making such request, upon receipt of properly itemized bills Dom the other party, shall reimbuise the party rendering such assistance fbi all costs woperly and reasonably inculred by it in such perfoImance, including administtative and general expenses, such costs to be deteimined on the basis of cunent chaIges or rates used in its own operations by the party Iendeiing assistance. Issuance and payment of bills fot services provided by WCG.teln shall be in accotdance with Provisions 13 (Billing 10 I . 1. . Effective September 1,2007 and Payment) and 14 (Nonpayment of Bills in Full When Due) hetein Western shall pay bills issued by the Contractor for seivices provided as soon as the necessary vouchets can be prepared which shall normally be within twenty (20) days 37 1 Iansfer of Interest in Contract or Change in Preference Status. 371 No voluntaiy transfer of the contract or of the lights of*the Contractoi under the contlact shall be made without the prior WIitten approval of the Administrator of Western Any voluntary trans f& of the contract or of'the Iights of'lhe Contractor under the contract made without the ptior wtitten apploval of the Administrator of Western may Iesult in the termination of the Contract; Provided, That the wtitten appioval ofthe Administiatoi shall not be unloasonably withheld; Provided further, That if the Contractor opetates a moject financed iIi whole or in pait by the Rural Utilities Service, the Contjactot may transfer' 01 assign its interest in the contract to the Rural Utilities Service or any other depaytment 01 agency of the Pedeial Government without such pTior wlitten appioval; Provided further, Ihat any successor to or assignee of the rights of the Colltractot, whether by voluntary transfeI, judicial sale, foreclosure sale, or otherwise, shall be subject to all the provisions and conditions of the contract to the same extent as though such successot or assignce weIc the original Contiactor under the cont}act; and, Provided further*, That the execution of a mortgage Or trust deed, or judicial 01 fbreclosure sales inade themundeT, shall not be deemed voluntaty transfeis within the meaning of this Provision 372 The Contractor shall maintain its status as an entity eligible fbI preference in Westein's sale of Fede,al power-pursuant to Reclamation law, as amended and supplemented 373 Western shall give the ContractoI wiitten notice of Western's ptoposed determination that the Conuactot has violated Provision 371 and Western's proposed action in response to the violation 37.4 The Conttactot shall have 120 days afterÂ· inceipt of Western's notice provided unde; Piovision 37 3 to submit a written response to Western Ihe Contlactor may also make an oral presentation to the Administralor duIing this 120-day pCIiod 37.5 At any time during this process, the Conttactor and Westem may agree upon conective action to resolve Western's proposed determination that the Contractor is iii violation of Provision 37 1 376 Within 30 days of Iuccipt of the ContIactor's written tesponse provided under Provision 37 4, Western will notify the Contractor in wliting of its final decision 1 he Administrator's written notice will include the intended action, the effective date thcloof, and the reasons for taking the intended action Implementation of the Administrator'S action shall take place no earlier than 60 days from the Contractor's icceipt of such notice 37 7 Any successor to WestÂ¢In shall be subject to all the provisions and conditions of the contract I to the same extent as though such successoI were an original signatory to the contract ~ 37 8 Nothing in this Provision shall pieclude any right to judicial review available to the Contractor under Federal law I l 1 .... Effective September 1,2007 38 Choice ofLawand PoIum. Federal law shall control the obligations and procedures established by this contract and the perfoimance and enforcement thereof. The foIum fox litigation arising from this contract shall exclusively be a Federal court Of the United States, unless the pattieS agree to pursue alteinative dispute tesolution 39. Waivers. Any waivers at any time by either paity to the contract of its lights with r'espect to a default or any other matter arising under 01 in connection with the contract shall not be deemed a waiver with respect to any subsequent default or matter Â· 40. Notices. Any notice, demand, 01 Tequest specifically required by the contract 01 these Provisions to be in writing shall be considered properly given when deliveIed in person or Sent by postage prepaid registered 01 certified mail commercial delivery seivice, facsimile, electronic, ptepaid telegram, or by other means with prioi agreement of the paities, to each paxly'S authorized reptesentative at tile pIincipal offices of the party The designation of the person to be notified may be changed at any time by similar notice Where facsimile o] electIonic means arc utilized for any communication covezed by this Provision, the sending party shall keep a contempoianeous incord of such communications and shall verify teceipt by the other party. 41 Contingent Upon AppropIiations and Authorization. 41 1 Where activities piovided fbr in the contlact extend beyond the cunent fiscal year, continued expenditures by the United States are contingent upon Congress making the necessary appl'opIintions required fbi the continued performance of the United States' obligations under the conliact In casc such appropriation is not i made, the Contiactor hereby releases tile United States from its contractual obligations and from all liability due to i the fhilure of Congfess to make such appropriation 1 41 2 In order to ICCCive and expend funds advanced from the Contractor nccessaly for the I continued performance of' the obligations of the United States under the contract, additional authoIization may be ! lequited In case such authotization is not received, the Cont,actor hereby releases the United States fiom those ' contractual obligations and from all liability due to the jack of such authorization ! 42 Covenant Against Continizent Fees. The Contractor warrants that no person 01 selling agency has been employed or retained to Solicit 01 secure the contiact upon an agleement or undeistanding for a commission, percentage, bxokerage, 0, contingent fee, excepting bona fide employees orÂ· bona fide established commecial or selling agencies maintained by the Contractor foi the putposc of ScOuting business. For* breach or, violation of this warianty, Western shall have the right to annul the contract without liability or in its discretion to deduct from the contract price or consideiation the full amount of such commission, pÂ¢Icentage, brokerage, or contingent fee 12 . 4 . f. I Effective September 1,2007 43. Contz'act Woik Hours and Safety Standards. The contract, to the extent that it is of a character' specified in Section 103 of- the Contract Work Hours and Safbty Standards Act (Actl, 40 U SI: Â§ 3701, as amended Or' supplemented, is subject to the movisions of the Act, 40 U Sâ€žCâ€ž Â§Â§ 3701-.3708, as amended or supplemented, and to Icgulations promulgated by the Secletary of LaborÂ· pumant to the Act. 44. Equal OpportunitY Employment Practices. Section 202 of Executive (Mei No 11246, 30 Fed. Reg. 12319 (1965), as amended by Executive Order No. 12086,43 Ped. Reg. 46501 (1978), as amended oI supplemented, which provides, among otheI things, that the Contiactor will not discIiminate against any employee or applicant fbi employment because of race, Color, religion, sex, or national origin, is incotporated herein by Teference the same as,if the specific language had been writlen into the contract, except that Indian Tribes and Wibal organizations may apply Indian preference to the extent permitted by Federal law 45 Use of Convict Labor. The Contractor agrees not to employ any perÂ·son undeigoing sentence of immisonment in perfoIming the contract except as provided by 18 U SIC Â§ 3622(c), as amended or supplemented, and Executive Order No 11755,39 Ded. Reg 779(1973), as amended or supplemented.. 13 ... Appendix B Substation Cost and Maintenance Responsibility And Lease of 115kV Facilities The following describes the cost and maintenance responsibilities for Estes Park and Platte River at the existing Estes Substation and Marys Lake Substation. This description will also apply to any future substations that may be constructed by Estes Park. If any special arrangements are required for a new substation different'from *re,understanding described below, it will be documented in a separate letter a*eAnen?bet;Wen,Estes Park and Platte River and attached hereto. (\1 /tax Estes Park will furnish, own, and maintain, at its 5xpense the following items in each substation owned by Estes Park: 9.-0 â€¢ The substation site with sufficient space for bot~ the Estes Park-and Platte River equipment , 01 â€¢ Grading and surfacing within the fenced area \U â€¢ Access right-of-way and road / > â€¢ Perimeter substation fence< V //11 â€¢ Landscaping and mainfenaAce of any.grounds outside the fenced area â€¢ The 115kv/12.47 trAn~fo~mers, switjhglar, feetle'Acircuits, associated foundations and~013]gwainme*nt str~ctures, duchbahks/ton~cluits, and all cabling, relays, and Solitrols required to Â®erate.such equip;hent_-/ >'The/IGGEÂ»Pgrk*rit~hgAr~room in a common Estes Park/Platte River < #4itchgear/coittrol buildir@or separate building, whichever is appropriate â€¢ The DC power sAppl~~syste;*0#cl associated equipment or 1/2 the cost of a DC rsyheitl shared with Pl~tte~River. \â€¢/ â€¢ SUbstation site electric service â€¢ Sub~tat~n,yard lighti~g ~ â€¢ Substation fard below grade grounding system X 1/ i Platte River will'furnishrown, and maintain at its expense the following items in each substation owned Ry Estes Park: â€¢ All transmission equipment required at the appropriate voltage class to deliver electric capacity and energy to Estes Park's facilities including the transmission line transition structures, breakers, switches, bus system, relays, meters and associated controls â€¢ All foundations required for the Platte River equipment listed above â€¢ The Platte River control room in a combined Estes Park/ Platte River switchgear/ control building, or the cost of a separate control building, whichever is appropriate â€¢ Communication connections for use by both Estes Park and Platte River 1 I. . â€¢ A remote terminal unit (RTU), for shared use to transmit substation information to both Estes Park and Platte River â€¢ Weed control Estes Park and Platte River will share equally the cost of any substation security deemed by both parties to be appropriate for the location of the substation. Lease of 115kV Facilities: Background: In the Transmission Facilities Agreement dated March 11, 1980, Estes Park leased multiple transmission facilities to Platte River. Through that agreement Platte River assumed responsibility for the 115kV transmission and substation facilities that served the Estes and Marys Lake Substationi. Of tlfe "te)skl Facilities" listed in Exhibit "A" to Attachment C of the March 11, 19Â§0 Transmiajon Facgilities Agreement, only the WAPA Tap to Marys Lake Substation 115kvd.ine still exisths of January 2008. By joint agreement between Estes Park and Platte Ri*r,1011'Rf,21<~ Rthehacilities listed in Exhibit "A" have either been removed permanently~ frog~service jr. Ave been replaced by facilities owned by Platte River. Continuation of Lease: Estes Park 0agrees.to continuslthf lease of the WAPA Tap to Marys Lake Substation 115kV Line,("Leased Facility") 'to)?latte River through the term of this Agreement or until sucli fafilityhs ~Â¥ermanentlyqbnoved from service or replaced. Platte River shall conti~fe to had~,t~e right to use' the Leased Facility in whatever manner it shall detihnine to be tlfe mosf eff@ctive to meet its obligations under this Agreement and the lo~cal,fieeds of Es*tes'Park and,tÂ¢mal<e whatever modifications, improvements, repairs~ha replacementA it<shall diktjrmine to be necessary to provide reliableservice.~glatte Riyerishall not permit -iii@ lien or encumbrance to attach to the Leased Facility aftd ,shall' detiver them upho -E<tes Park at the termination of this h Je Agreement. -X\>-\ N.\. 4\1 1- \ .1/ 2 ... 29\Â«.9 3 PLATTE RIVE*leoWER/\ .... %-'.--. AUTHORITE Â© 3/ ORGANIGCfiNTRACT . . 12\29 9. L -1. 1 1 ./ , 0. 4 h CON Â» F 9\11 4/ -01\1 97 fÂ»1 .. TABLE OF CONTENTS 1.0 EFFECTIVE DATE 7 2.0 ESTABLISHMENT OF PLATTE RIVER POWER AUTHORITY 9 2.1 PURPOSES 3 2.2 FUNCTIONS, SERVICES, OR FACILITIES ................................................................................ 1 2.3 BOARD OF DIRECTORS..............................................................................................................5 2.3.1 NUMBER 6 2.3.2 SELECTION 6 2.3.3 TERM 6 2.3.4 REMOVAT. 7 2.3.5 VACANCTER ...1 /\ A 8 2.3.6 COMPENSATION. 8 h Â·Â· 8 2.3.7 ANNUAL MEETINGS , 5 2.3.8 REGULAR MEETINGS 1\ . 21.7 .... c 2.3.9 SPECIAL MEETINGq :\ i /> \\ - 9 2.3.10 NOTICE OF MEETINGS : 4 1 1 Ill 9 2.3.11 WAIVER OF NOTICE 1 / I \ 9 2.3.12 QUORUM 10 2.3.13 ATTENDANCE BY TELECONFERENâ‚¬EIP\ 10 2.3.14 VOTE IN CASE OF A DEADLOCK <,/--1 -~ \1 10 11 2.3.15 DUTIES ~ Â·' /, ~ 2.4 OFFICERS 12 & 2 4/ I L . ) . 2.4.1 ELECTION OF OFFICERS AND TERMS QF;OFFICEÂ» 1 12 2.4.2 REMOVAL.... A P /0~ " 12 11 V 2.4.3 DUTIEÂ§pE OFU-FF.Re; < V t, 13 C...1 2.4.4 BONDS OF.OFFICERS" \ i 14 2.5 INDENINiFICATION OF,OFFIdERS-AND DIRECTORS......................................................15 2.6 TERÂ¢[ OF CONTRACT \ 15 Ni . . I--- 7 2.7 ~/ASSETS AND PROPERTIES.j 16 $ i / 4 2.84--DI~TRIBUTION OF ASSETS UPON TERMINATION 16 11 2.9 gEAA 16 2.10 CONTRAETS 1 1 16 . 2.11 CHECKS, DRAFTS, AND OTHER FINANCIAL DOCUMENTS 17 2.12 DEPOSITS+ ~ 2/ 17 2.13 FISCAL YEAR \ 1 1 ...17 2.14 PRINCIPAL PLACIPOF BUSINESS ...17 3.0 GENERAL POW@S' 17 4.0 POLITICAL SUBDIVISION 71 5.0 REVENUE BONDS 71 6.0 DEBT NOT THAT OF MUNICIPALITIES 71 7.0 FILING OF CONTRACT 91 8.0 NOTICES, 71 9.0 SEVERABILITY ?? 10.0 DUPLICATE ORIGINAT 9 79 i ... AMENDED AND RESTATED ORGANIC CONTRACT ESTABLISHING PLATTE RIVER POWER AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY THIS CONTRACT, originally made and entered into as of June 17, 1975, and amended February 14, 1977, and July 27, 1978, and amended and restated the 31St day of March 1980, and the 1st day of July, 1998, and as further amended and restated on this day of , 2008, by the parties to this Contract which are: TOWN OF/ESTES R~K, COEORADO, a municipal 1/ corporation of the State of Colorado ("Estes Park"), CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of Colorado (",Fort Collins'l):CITY OF LONGMONT, COLORADO, a municipal corporation of the State of G:olora~o ( Longmg~:)2ftl CITY OF LOVELAND, COLORADO, a municipal corporation oft,tRe State of Colorado_(fLoveland"). When specificity is not required, the municipal-corporations whiâ‚¬h are parties hereto will hereinafter be individually referred to as "Mu]~cipility<~knd collectively as Municipalities," 4 /f/\\102/0/ ~E['NESSETHÂ· Â»\(- WHEREAS'EstesPark M:Rband~operates a municipal electric system which supplies electric Poyer and energy at retail to users 10â‚¬ated within the town limits of Estes Park and the \ \ N \4> adjacent service area of the Estes Park electric system; and p WHEREAS, Fort Collins ~wns and operates a municipal electric system which supplies 1 1 electric power ana energy at retail to users located within the city limits of Fort Collins; and . 0. /1 WHEREAS, Ihongmont 04ns and operates a municipal electric system which supplies electric power and entgy~:f~il to users located within the city limits of Longmont and the adjacent service area of the Longmont electric system; and V WHEREAS, Loveland owns and operates a municipal electric system which supplies electric power and energy at retail to users located within the city limits of Loveland and the adjacent service area of the Loveland electric system; and WHEREAS, the Municipalities on June 17, 1975, established, pursuant to the provisions of C.R.S. Â§ 29-1-204, as then enacted, Platte River Power Authority (the "Authority"), as a separate governmental entity and successor to a nonprofit corporation, to be the instrumentality ... of the Municipalities and as such successor, to continue to supply their wholesale electric power and energy requirements; and WHEREAS, during 1998 the Municipalities contracted with one another to establish, pursuant to the provisions of C.R.S. Â§ 29-1-203, the Authority as a separate legal entity and multi-purpose intergovernmental authority to provide designated functions, services, or facilities lawfully authorized to any combination of two or more of the Municipalities provided that such function, service, or facility constitutes an "enterprisS'las defined in subsection 2(d) f J N\142 I \ of Article X, Section 20 of the Colorado Constitution; and 4 \ 4 WHEREAS, increased complexity and risk ill the electric litili~hin~dustry have created il 47 .// 1 the need to enhance utility image and customer loyafty<the,Â¤unicipalitig< wt~ ~clarify that the Organic Contract authorizes the Authority to engage frl.a broad range of services which are 1/ \ \ incidental to or supportive of the Municipalities' continued ability to provide electric power and energy services to their customers on a competitfve.baA; and ~ 9 WHEREAS, the Municipalities now ~ish to furthdr.,amendthJ Organic Contract to it extend its term and to restate the amendkl pro*visions therek in asihgle updated document. 1.0-23 . 4 i NOW, THEREFORE, the~M,~nicipalihes do ctereby~ amend and restate the Organic Contract ori~~~lly-~~cuted~ JAeÂ«1~75, and s'ul~equently amended, so that as hereby amended and res~ed it-provides, and the Municipalities do agree, as follows: 1 i 1 1%_jÂ·t> \\\ ~ 1.01 EFFECTIVE DATE,2 ~ ,L..i "Â·... This Contract as heteby amended and restated, shall become effective when it has 11 '*beJh duly executed byall of the Municipalities. 1 1 2.0 ESTABLISHMENT OF PLATTE RIVER POWER AUTHORITY As of June~F, 1975, the Municipalities establish a separate governmental entity, to be known as Platte River Power Authority, to be used by the Municipalities to effect the development of electric energy resources and the production and transmission of electric energy in whole or in part for the benefit of the inhabitants of the Municipalities. As of July 1, 1998, the Municipalities also establish the Authority as a separate governmental entity and multi-purpose intergovernmental authority to provide additional designated functions, Organic Contract Amended and Restated _/-/2008 Page 2 of 23 . services, or facilities lawfully authorized to any combination of two or more of the Municipalities, provided that such function, service, or facilities constitutes an "enterprise" as defined in subsection 2(d) of Article X, Section 20 of the Colorado Constitution. 2.1 PURPOSES The purposes of the Authority are to con*duet its business and affairs for the benefit of the Municipalities an-d their mhabitants: 4 1.4 (i) to provide the electric powerjand energy,~q<e~e~ts of the Municipalities and the retail customers within the Municipalities; (ii) to engage in business activities related r -rn Drovision of electric // h \ \0 y power and energy serviceswhich the Board determines are likely A 4 // 1 \ 47 to enhance\~he competitive positio* of the Authority or the Munitipalities; and ~~~ - (iii) to,providdiany additional designated function, service, or facility law~lly au~hbhhd':8 any combination of two or more of the ~~Mu~cipalities,,provided that these constitute an "enterprise" as defined~ in subsection 2(d) of Article X, Section 20 of the Colorado Constitution. i! 1} A*particular function, service, or facility shall be treated as designated as 1l a separate purpose under clause (iii) of the previous sentence only upon receipt by each Municipality which is designating the function, service, or facility to also be performed by the Authority of (a) a resolution adopted by unanimous vote of the Board of Directors of the Authority designating the function, service, or facility as a purpose to also be jointly exercised by the designating Municipalities through the Authority and (b) opinions of Organic Contract Amended and Restated _/-/2008 Page 3 of 23 0 '. 4 0 counsel to each Municipality which is designating the function, service, or facility to also be performed by the Authority setting forth the extent to which the designated function, service, or facility is lawfully authorized such designating Municipality; and (c) an opinion of the Authority's bond counsel to the effect that the designated function, service, or facility constitutes an "enterprise" as defined in subsection 2(d) of Article X, Section 20 of the Colorado Constitution. A \\ 44 / 2.2 FUNCTIONS, SERVICES, OR FACILITIES / The functions, services, or facilities'to,be:provided,~y the Authority are: The supplying of the electric poWer and energy ~quirements of the 4/ 1 ,\ Municipalities and retail customers withlp th< Municipalities; and, the . I provision of any additionfil functibn, service>or facilitp, by means of: Er 3\ \ 4/ \ A ..1. 31 i. 44 (i) acquiring,/ censfructin~ owlin~;;reconstructing, improving, -3 f f rehabilitatihg, repairing, operating and maintaining electric ---~generating 'plants, transmissionf systems and related facilities, or 1 \ / 1. interests therein, for the purpose of producing, transmitting and ft dblivering to the Municipalities, electric power and energy to the hi exteht 'of theÂ¢/ requirements, including renewable energy V X \\ \ 1 requirements; X (ii) purthasing electric power and energy from electric utilities and \ other producers of energy, as required to supply the Municipalities U and perform its other obligations; (iii) selling at wholesale to the Municipalities all of the electric power and energy produced or purchased by the Authority which the Municipalities require; Organic Contract Amended and Restated _/_/2008 Page 4 of 23 A 0. (iv) selling, exchanging and otherwise disposing ot under the most economically advantageous terms and conditions obtainable, any surplus power and energy or transmission capacity which the Authority owns, produces or purchases; (v) developing electric energy resources (including renewable sources) and producing and transmitting el&tric energy in whole or in part Ch (\4 for the benefit of the inhabitants of the MuMicipalities; t/\\ (vi) developing products and serviceito improve the efficiency of \\ A generation, transmission anduse bf electrical energy;/ , 11 (vii) acquiring, Constructing,owning, purchasi~g, selling, exchanging, / or otherwise /,disposing \of, reconstructing, improving, rehabilitating, repairing; operating,1 and maintaining assets, infrastru(~ur~~3'plants, <~stems, i and related facilities or interests therd>j ( (25 //0-0 (viii) *diveloping pro~ret~Pervices, infrastructure, and resources related /t to ~1~~~function> service, or facility for delivery to appropriate markets in whole or in part for the benefit of the inhabitants of the .lj Municipalities; and J 1 t 1 Cix, Lon.termination of this Contract to vest in the Municipalities all t,/ right title and interest of the Authority in or to all of its property and assets. 2.3 BOARD OF DIRECTORS The governing body of the Authority shall be a Board of Directors in which alllegislative power of the Authority is vested. Organic Contract Amended and Restated -/_/2008 Page 5 of 23 . 4 . 2.3.1 NUMBER The number of Directors shall be eight (8). 2.3.2 SELECTION Each Municipality shall be represented by two (2) members on the Board of Directors of the Authority, who shall be designated or appointed as follows: <1 tx /6 r# Â£ 3, F (i) MAYORS 1/\/ i X I Â»6 32 ..... 0 The Mayor of eqchiof/.the Municipalities is hereby 1.1. \4 21 designated and sha]~sfr~e as a member of the Board of Directors of the AuthoriÂ¢'cohtemporaneouliy with service XIX as Mayor; .provided, however, Â·that) any Mayor may x. i designate some other member of,6~e governing board of such.Vunicipality to serve asÂ·a,Director of the Authority in r-4 it \.// ,-\,place of the May<or. /, h di) APPOINTED DIRECTORS t f {f \\,1 4 ~ 4~ The goxernirÂ® body of each of the Municipalities shall 3 ./. \ ~appointgone (1) additional member to the Board of 1 Directors. Appointed Directors shall be selected for \ ~/0 ~,judgment, experience, and expertise which make that //' person particularly qualified to serve as a Director of an / electric utility. l/ 2.3.3 TERM The term of office of the Directors of the Authority shall be as follows: Organic Contract Amended and Restated _/_/2008 Page 6 of 23 1 0 . (i) MAYORS The Mayor of each Municipality, or the member of the Municipality's governing board designated by the Mayor, shall serve as a Director of the Authority for the same period of time that the Mayor serves as Mayor of that Municipality. A 49 (ii) APPOINTED DIRECTORS The term of the, Appointed IDire~Por for Estes Park shall A V \ \ expire on December 31,/2011, the termdof the.Appointed / 17\ Director for Fort Collins shall expire on December 31, 2008, 4,\ \ ,-1 the term of the Appoinfed Director for Longmont shall expire on"'December 31,201~hand> the term of the 1 7 Appolnted Directorfor Lovelana:shall expire on December 31, 2009. Each successor shall.be appointed for a term of Af6ul:-~ars from the date of the expiration of the term for 4/-Nvhich the predecessor was appointed and until the successor is appointed and has qualified. 9 1 2.3.4 REMOVAL 2/ Any Director appointed by the governing board of a Municipality B / \ may,be removed at any time by such governing board, with or ~~ without cause. A Mayor will be automatically removed as a 1 Director upon vacating the office of Mayor, and a member of the l,/ Municipality's governing board designated to serve in place of a Mayor may be removed at any time by the Mayor, with or without cause. Organic Contract Amended and Restated _/_/2008 Page 7 of 23 . 1. 1 . 2.3.5 VACANCIES A vacancy occurring in the directorship of an Appointed Director, whether such vacancy be the result of resignation, death, removal or disability, shall be filled by the appointment of a successor Appointed Director by the governing body of the Municipality which appointed the Director whose office has become vacant. In the case of a vacancy in the directorship of a Mayor or his /1. 1 \ /b designee from any Murhcipahty, the vacancy shall be filled by the It hi new Mayor or the Mayorfs designation.of some other member of the governing board of tRat klwlici]>ality. #~ 1 / 2.3.6 COMPENSATION /--1 i i Directors shall ndt .receive.compenkatioh.for>their services, but f //0 -h, \~ Directors may be reimbufsed their actual,expenses for attendance at meetings,of th@ Boaid of Directors,and for expenses otherwise 1 -h incurred'oh behalf of the.Authority. \ 23:7. ANNUAL>MEETINGS 11 Fl ,\ NIX 1 1 An ahnual mbetiAg.of the Board of Directors shall be held within \ b /7 I I / the''firit 120 Â®ys in each year at such place in Fort Collins, i 1 Colorado, as shall be designated in the notice of the meeting, to elect2,officers, to pass upon reports for the preceding fiscal year, 4 and<,4 transact such other business as may come before the & ~meeting. Failure to hold the annual meeting at a designated time, ~./'~ or failure to hold the annual meeting in any year, shall not cause a forfeiture or dissolution or otherwise affect the Authority. Organic Contract Amended and Restated _/_/2008 Page 8 of 23 ,. 2.3.8 REGULAR MEETINGS The Board of Directors may provide for the time and place for the holding of regular meetings by resolution without notice to Directors other than the resolution adopting the meeting schedule. 2.3.9 SPECIAL MEETINGS Special meetings of the Board of/Birectors may be called by the Chairman or any Director Â·and it shall thereupon be the duty of the Secretary to cause n~tice of suc~ Irt~ting to be given as hereinafter provided. Spe~aimeetings ofthe Board of Directors shall be held at such time and place within the,State of Colorado as shall be fixed by the Chairmr or the Director calling the meeting. 04 2.3.10 NOTICE,O-F.~EETINGS Written ndge of the annual or,qf any special meeting of the Board - of<pirectors shall be delivered.to each Director not less than seven \\ p. (71 nor more than thirty-five (35), days before the date fixed for 1 \ 9 \# A < of the Secretar~Â·69, upon his/her default by the person calling sucn meeting>eithe~'riersonally or by mail, by or at the direction \\ 1 the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to F 1 , ~ \ thelinrector at his/her address as it appears on the records of the ~\ ~*~~ority, with postage prepaid. V 2.3.11 WAIVER OF NOTICE Whenever any notice is required to be given to any Director of the Authority under the provisions of the law or this Contract a waiver thereof in writing signed by such Director, whether before or after the time stated therein, shall be equivalent to the giving of Organic Contract Amended and Restated _/_/2008 Page 9 of 23 4 . such notice. Attendance of a Director at any meeting of the Board of Directors shall constitute a waiver by such Director of notice of such meeting except when such Director attends such meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. 2.3.12 QUORUM / Â« I A majority of the nJmber of Dire'ctofs then in office shall 12 1 4 constitute a quorum for, the transaction of business; provided that if less than a majority of the IDirectors therhn dffice is present at a meeting, a majority of the/,Rirectors present-Â·may adjourn the 0 4 1 meeting; and, provided further, that th~ Secretary shall notify any i absent Directors of the.tlme and place o]*such'adjourned meeting. ...1 \X \ /. The act of a majotity of ~4-Directors prederit at a meeting at which a quorunill.prek@nt sdli be the acl;~oftthe Board of Directors. ,-- 2.3:43 ATTENDANCE BY TELECONFERENCE \ 9 .1 \ \-~ Directors may*attend and fully participate in any Weeting through /7 1 1 1 1 Â» @lectronic teletonferencing. 1 \ 1 1f 2.3.14 VOTE IN CASE OF A DEADLOCK I i In the /event the Board of Directors, at a meeting at which a / h ~.. quortim is present, is deadlocked and unable to obtain a majority \~ ~vote of the Directors present concerning a matter being considered ; v for action, any Director may require a "Weighted Vote." A "Weighted Vote" shall then be taken with each Director's vote being given one half the proportion which: (i) the dollar amount of electric power and energy purchased from the Authority during the twelve-month period Organic Contract Amended and Restated _/-/2008 Page 10 of 23 0 1. ending with the close of the billing period for the month two months prior to the month of the deadlocked meeting and paid for by the Municipality appointing such Director bears to; (ii) the dollar amount of all electric power and energy purchased from the Auihority and paid for by the Municipalities during said twelve-month period. R 3% A Â£1 \ The act of a majority of the "Weighted Vote'A shall be the act of the ..3, Board of Directors. 43\ 2.3.15 DUTIES Â»4\, \.9 The duties of theFBoard of,Dir*tors shall#be: Au d 3/ (i) AToâ‚¬overn therbusiness and affairs of the Authority. 117 rÂ»th \Â» To exercise all powers of the Authority. (iii) ~ WO con',~ly with the provisions of parts 1, 5, and 6 of ~ Article 1 of Title 29, C.R.S. ~ j (iv~ To adopt a fiscal resolution, which complies with statutory and other restrictions imposed by law on the affairs of the U Authority, to govern the financial transactions of the Authority, including the receipt custody, and disbursement of its funds, securities, and other assets, and to provide for the services of a firm of independent certified public accountants to examine, at least annually, Organic Contract Amended and Restated -/__/2008 Page 11 of 23 ... the financial records and accounts of the Authority and to report thereupon to the Board of Directors. (v) To keep minutes of its proceedings. 2.4 OFFICERS The officers of the Authority .shall beÂ«a Chairman, Vice Chairman, Secretary, Treasurer, General Mhnager andÂ·. such other officers and 1< r assistant officers as may be alithorized b~,th~Board of Directors to perform such duties as may be~assignedtfy the Bo@i.of Directors. The Ly l Chairman and Vice Chairman shall be members of the~ Board of Directors, but other officers of the Authority need'not'be members of the Board of = I Directors. f h.Â«.-/ Sli :w .1) // 3 \ 1/ 1-l /7\\ 1 '' i 2.4.1 ELECTION'OF OFFICERS AND TERMS OF OFFICE / 4 At ea-ch annual meeting,of the Board of Directors, the members of ,---- -\~the/Board of Directors shall elect officers who shall serve as such x; officers Of,~e juthority until the next annual meeting of the \ 1 f 1 1 ,-t> t 4 Board of Difectorsâ‚¬and until their successors are elected and / C Â£ I i \ 1 // qualifikl. If the'election of officers shall not be held at such V 1 \. meeting, such election shall be held as soon thereafter as may be 1 j convenient. Vacancies or new offices may be filled at any meeting 1 j of,the Board of Directors. 3/ 2.4:2 REMOVAL Any officer or agent elected or appointed by the Board of Directors may be removed by the Board of Directors, with or without cause, whenever in its judgment the best interests of the Authority will be served thereby. Organic Contract Amended and Restated _/_/2008 Page 12 of 23 ... 2.4.3 DUTIES OF OFFICERS In addition to duties assigned by the Board of Directors, the duties of the officers shall include the following: (i) CHAIRMAN The Chairman shall preside at all meetings of the Board of Directors and, except as otherwise delegated by the Board of Directors, s]~11~execu**~1\142 instruments of the al h 4 Authority, and shall perform:suchyther duties as the Board of Directors may,prescribe. ~~1 n (ii) VICE CHAIRMAN \01 The Vice Cff~~~~h,shall. in the absente of the Chairman, /4 6 X 3/ or in the event of.the Chairman s,inability or refusal to act U /7 g x ..4 peÂ¥?orm the.duties of the Chairman and when so acting 1 6 / 1 16/ Ashall have all the powers of and be subject to all the I. J Â¢,Arestrictions uponttie,Chairman. The Vice Chairman shall ~--1~ 21140 perform such other duties as may be prescribed by the il ~ki \ Board of Directors. 341 1 \ 2/ (iii) ~ SECRETARY ~The Secretary shall maintain the official records of the Authority, including all resolutions and regulations approved by the Board of Directors, the minutes of meetings of the Board of Directors, and a register of the names and addresses of Directors and officers, and shall issue notice of meetings, attest and affix the corporate seal to all documents of the Authority, and shall perform such other duties as the Board of Directors may prescribe. Organic Contract Amended and Restated _/_/2008 Page 13 of 23 . (iv) TREASURER The Treasurer shall serve as financial officer of the Authority and shall, pursuant to the fiscal resolution adopted by the Board of Directors governing the financial transactions of the Authority and the restrictions imposed by law, be responsible for the receipt, custody, investment and disbursement of the *uthority's funds and securities f. 1 i \ r> and for duties incident to the office. of Treasurer, and shall perform other liuties as t]~ ..Bohrd of Directors may prescribe. (\\4>4 -Ni 1/\ \ (v) GENERAL MANAGER \ \ \. The General Ma~ager shall~be 'theÂ¢principal executive officer dfr'the Auth(:~ty with fullresponsibility for the \ i pl~nink>operlions, '~and~adn~nistrative affairs of the C 4 JIN. / /'\Authority, and Kthe coordination thereof, pursuant to ---=..~ ~Â·-Â·.,policies and programs approved by the Board of Directors, I L.\ ~~ .. 1.- and shall be the agent for service of process on the ti '.4 1 Auth@rity. 3~ten and while a vacancy exists in the office \ \ 1 / Â«10> *. of General;Manager, the Board of Directors shall appoint a 11 V qualified interim General Manager to act as the principal \ fi 7 executive officer of the Authority. 2.4.4 BONDS OF OFFICERS U The Treasurer and any other officer or agent of the Authority charged with responsibility for the custody of any of its funds or property shall give bond in such sum and with such surety as the Board of Directors shall determine. The Board of Directors in its discretion may also require any other officer, agent, or employee of the Authority to give bond in such amount and with such Organic Contract Amended and Restated _/_/2008 Page 14 of 23 . surety as it shall determine. The cost of such bond shall be an expense payable by the Authority. 2.5 INDEMNIFICATION OF OFFICERS AND DIRECTORS Each Director and officer of the Authority, whether or not then in office, and his/her personal representatives, shall be indemnified by the Authority against all costs and expenses Atually and necessarily incurred r b â‚¬ \ /3 by him/her in connection with the defense/of any action, suit or 1( proceeding in which he/she m~yÂ¢e involve~or to dqhich he/she may be made a party by reason of his/hehejmf> ha,lg hen such Director or X< 41%' 1 j/\ officer, except in relation to matters as to which he/she shall' be finally 4/\ \ r- adjudged in such action, suit or proceeding to be liable for willful or X\\ . wanton negligence or misconduct'in the performance. of duty. Such costs 66 1 .\ 1 /'. and expenses shall inclucte amounts reasonably paid m settlement for the purpose of curtailing the costs/of litigation;~but only if the Authority is | r.b JIN/' advised in Writing by its counsel that in his/her opinion the person \ %Â«/3 ~33-34421~ELiZE~2~2 of oth;>#ghts to w]Rich Redhe may be entitled as a matter of law or by agreemt y 2.6 ~~TERM OF CONTRACT J 1 ~\. This Contract shall continue in force and effect until December 31, 2050, \ \U/// and until thereafter terminated by any Municipality following not less th~n'~elve (12) months written notice to the other Municipalities of its intention to terminate; provided, however, that this Contract may be amended, modified, or terminated at any time by a written document approved and executed by each and every Municipality which is a party to this Contract; and, provided further, however, that this Contract may not in any event be terminated so long as the Authority has bonds, notes, Organic Contract Amended and Restated _/-/2008 Page 15 of 23 I . or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations. 2.7 ASSETS AND PROPERTIES All assets and properties of the Authority shall be held in trust for the purposes herein mentioned, including thdvpayment of the liabilities of the Authority. C P Â»/2 (1 4 31>'Â« 2.8 DISTRIBUTION OF ASSETS UPON'TERMINATION \ ri 1 .... C .,1. 3.-/7 1 In the event of the termination of this Contract and theglissolution of the 4/\ \ X.--/9/ Authority, all of its assets shall immediately vest in the Municipalities. The assets of the Authority conveyed to elt:Ok[uoitipality shall be that t/ \./ proportion which (i) thktotal dollar Alount of @lectric power and energy ts /7 ~~ 0' purchased and pai*or by such Municipalit*from the Authority and its f { ]41/ predecessorAiuring their corporate existence, bears to (ii) the total dollar ,/ V f 4 \--* 3 ---- - - 1mount of all.eledtric power and_energy purchased and paid for by all of ~ rk..*57A tH#-MudicipaliAs, from the Authority and its predecessor during their â„¢\ \4. ... \\2> / t corporate existence. , 1 1/ 1 , i 1 \ 2.9 SEAL The corporate 'seal of the Authority shall be in the form of a circle and f/ b have inscribed thereon the name of the Authority and the words "Corporate Seal," together with such insignia, if any, as the Board of hf Directors may authorize. 2.10 CONTRACTS Except as otherwise provided by law, the Board of Directors may authorize any officer or officers, agent or agents, to enter into any Organic Contract Amended and Restated _/_/2008 Page 16 of 23 ,. contract, or execute and deliver any instrument in the name and on behalf of the Authority. 2.11 CHECKS, DRAFTS, AND OTHER FINANCIAL DOCUMENTS All checks, drafts, or other orders for payment of money and all notes, bonds, or other evidences of indebtedness issued in the name of the Authority shall be signed by such officer or officers, agent or agents, employee or employees of the <Authority and in such manner as shall be determined by the fiscal resolution 2.12 DEPOSITS All funds of the Authority shall be depositedbin a manner set forth by the fiscal resolution. 2.13 FISCAL YEAR /\ JECK~v'~~r~ --Thefiscal~~r~f~Author i~33f~the calendar year. /,,2.14 PRINCIPAL PLACE OF BUSINESS h \ The principal place of,business of the Authority shall be in Fort Collins, Colorado.~ ) 2/ 3.0 GENERAL POWERS / \\ 1 i The general powefs of the Authority shall include the following powers: (i) ELEâ‚¬TRIC ENERGY To develop electric energy resources and related services, and produce, purchase, and transmit electric energy, in whole or in part, for the benefit of the inhabitants of the Municipalities. Organic Contract Amended and Restated _/_/2008 Page 17 of 23 'f . (ii) CONTRACTS To make and enter contracts of every kind with the Municipalities, the United States, any state or political subdivision thereof, and any individual, firm, association, partnership, corporation or any other organization of any kind. (iii) AGENTS AND EMPLOYEES 0% 0\ Â», To employ agents and employees./ Rf % (iv) FACILITIES ~\ ~'x/~' ~ ~ *s,1, .4 To acquire, construct manage, maintain, and operate electric energy 4 4.:# i facilities, works, and improvements an~"any*ipterests therein, including, without limitation. to acquire, construct, recbnstruct, improve, and / /. 1 ..3 \E\ 4, /7 rehabilitate, repair, operate, and maintain (separptely or jointly) generating plants, transmissiGh. systbms /and related4fbbilities for the purpose of I ,-6 / C M\Â« delivering electrical power + and energy generated thereby to the 2 --Municipalities,. and any mine>Â·well,-pipeline, plant structure, or other h +hi 1 \\ \ /2/ facility foP the develÂ®ment production, manufacture, storage, fabrication, \\ or procelsin~of fossil' orhuciZar fuel of any kind for use, in whole or in / major part,\in ~any ofjrich generating plants, and any railroad cars, \\ trackage, pipbs,% equipment and any structures or facilities of any kind .j \~\$~ed or useful in the transporting of fuel to any of such generating plants, i f \ and to sellydeliver, exchange, or otherwise dispose of the power and 1*Tgy'geRerated by said plants, and any of the waste or by-products therefrom, and to purchase, lease, or otherwise acquire and equip, maintain, operate, sell, assign, convey, lease, mortgage, pledge, and otherwise dispose of electrical generating plants, transmission systems and related facilities, together with all lands, buildings, equipment, and all other real or personal property, tangible or intangible, necessary or incidental thereto. Organic Contract Amended and Restated _/_/2008 Page 18 of 23 (v) PROPERTY To acquire, hold, lease (as lessor or lessee). sell. or otherwise dispose of any real or personal property, commodity, and service including, without limitation, to buy, lease, construct, appropriate, contract for, invest in, and otherwise acquire, and to own, hold, maintain, equip, operate, manage, improve, develop, mortgage, and deal iRKand with, and to sell, lease, exchange, transfer, convey and totherwise\~spose of and to mortgage, pledge, hypothecate and otherwike encumber realand personal property of every kind, tangible and intangib~~~A V *f~~-~ (vi) CONDEMNATION To condemn property for,public use, if such property,is not owned by any 4 \ 9/ public utility and devoted<o such public use pursuant to state authority. 4 1Â« t (vii) DEBT -To-incur d id~,~ies, or ~~~li~~| ~d~o borrow money and, from tiniecto tlme, to make, accept, endorse, execute, issue, and deliver bonds, K debentures, prorrussory notes, bills of exchange, and other obligations of 1 1 5/ the Authority tor monie~'borrowed or in payment for property acquired or , \â€¢~~~~ for any of the~ other purposes of the Authority, and to secure the payment i~~~of any such obligations by mortgage, pledge, deed, indenture, agreement i \ Jhother colldi~eral instrument, or by other lien upon, assignment of, or agreement m regard to, all or any part of the properties, rights, assets, 3/ contracts, easements, revenues, and privileges of the Authority wherever situated. (viii) LITIGATION To sue and to be sued in its name. Organic Contract Amended and Restated _/-/2008 Page 19 of 23 I .1 . (ix) SEAL To have and to use a corporate seal. (x) RATES To fix, maintain, and revise fees, rates, and charges for functions, services, or facilities provided by the Authpiity. f#1 (xi) REGULATIONS ~ ~ To adopt, by resolution, regulations respecting the.pxerâ‚¬ise of its power and the carrying out of its purposes. i \ t./ t.\ i.1--// (xii) AGENTS ' t ./-x To do and perform any,- Nets and/ihings.authori@ed by this section under, 1, // 14\ \ through, or by m*Eins of'An 1*ht or 15~cbn#acts with any person, firm, d 4, 1 g.-3 l I V. corporation ob governmental Jntity. .1~ / Ill . J 1'. .. . 4. //.Â·,(fiii) JOINT OWNERSHIP\.~ tf 1 1 To own, operate, and maifitaiMreal and personal property, and facilities in . common ~ith\ others,<,~permitted by law, and to conduct joint, \11-1 partnership, codperative, or other operations with others and to exercise 11 all of the powers granted in this Contract in joint partnership or 1 S \ cooperatixe efforts and operations with others. NIX. / (xiv) OTHER POWERS To exercise any other powers which are essential, necessary, incidental, convenient or conducive to providing the wholesale electric power and energy requirements of the Municipalities, as well as to accomplishing the purposes, functions, services, and facilities set forth in Sections 2.0, 2.1, and 2.2 of this Organic Contract. Organic Contract Amended and Restated -/_/2008 Page 20 of 23 4.0 POLITICAL SUBDIVISION The Authority shall be a political subdivision and a public corporation of the State of Colorado separate from the Municipalities. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. 5.0 REVENUE BONDS 9 19 The Authority is authorized to issue bonds, notes, or. other obligations secured by its electric revenues pursuant to the ter-p~,/conditions, and authorization \4-/3 contained in C.R.S. Â§ 29-1-204(7). 4/\\\ 6.0 DEBT NOT THAT OF MUNICIPALITIES~~ ~F~' i / ) The bonds, notes, and other obligations.of the Authority shall not be the debts, liabilities, or obligationsâ‚¬f,the Municipahties.b - *-'7 1 1( 7.0 FILINGOF,CONTRACT\~ / /A copy 0Pthis Contrachhalkbe filed with the Division of Local Government of -~< the State 0~â‚¬o~rado withir>-t~t (10) days after its execution by the Municipalities. \\ 8.0 *NOTICES Any.formal notice,,demand, or request provided for in this Contract shall be in writlng ana shall be deemed properly served, given, or made if delivered in person or~sÂ¢~t by registered or certified mail, postage prepaid, to the persons specified below: Town of Estes Park, Colorado c/ o Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 Organic Contract ~ Amended and Restated _/_/2008 Page 21 of 23 . f.* . City of Fort Collins, Colorado c/o Utilities Executive Director P.O. Box 580 Fort Collins, Colorado 80522 City of Longmont Colorado c/o Director of Longmont Power & Communications 1100 South Sherman Longmont Colorado 80501 f\4 City of Loveland, Colorado ~ i c/o Water and Power Director ~\~ Al 200 North Wilson ~. Loveland, Colorado 80537 01\11 ..r'// 9.0 SEVERABILITY \\ \ In the event that any of the teri~s,.covehants, or >br~tiong'of this Contract or 0/ h \ ./ . 9- / their application shall be held invalid~asito any,)person, corporation, or A U r . 1 V circumstance by any court having jurisdiction, the#emainder of this Contract 1 /-1 j 1 and the applicatiort: and effect of its 4terms, covenants, or conditions to such It \.11 tr \-/ 3 persdTiÂ©corporation: ior dircumstances shall not be affected thereby. It ,10.0 DUPLICATE ORIGINALS \., t~2 1% 1 This Contract may,be~xecuted,in several counterparts, each of which will be an 9- \\ , I ./ \ 1original but all of which together shall constitute one and the same instrument. X. \\ 14 \ 2 i 17 Organic Contract Amended and Restated _/_/2008 Page 22 of 23 .. IN WITNESS WHEREOF, the Municipalities have caused this Contract as amended, to be executed as of the - day of July, 2008. TOWN OF ESTES PARK, COLORADO Attest: By: aÂ» Mayor \ -- 0Town Clerk 42Â« CITY OF FORT COLLINS, COLORADO 1/61 \ #-+4 Attest:' \ \ By: Mayor ~City Clerk CITY OF LONGMONT, COLORADO, Attel. By: ~ Mayor City aer 6.7./\ CITY OF LOV]~LAND, COLORAD,01 , / Attest: By: Maydr~' City Clerk Organic Contract Amended and Restated _/_/2008 Page 23 of 23 0 . ORDINANCE NO. 10-08 AN ORDINANCE CONCERNING PLATTE RIVER POWER AUTHORITY AND THE TOWN'S ELECTRIC FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED ORGANIC CONTRACT ESTABLISHING PLATTE RIVER POWER AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY AND AN AMENDED CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY. WHEREAS, the Board of Trustees has received, and there are now on file in the office of the Town Clerk, an Amended and Restated Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity and an Amended Contract for the Supply of Electric Power and Energy; and WHEREAS, the Amended and Restated Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity is an agreement among the Town of Estes Park and the Cities of Fort Collins, Longmont and Loveland, all in the State of Colorado ("Municipalities"); and WHEREAS, the Amended Contract for the Supply of Electric Power and Energy is an agreement between the Town and the Platte River Power Authority ("Authority"); and WHEREAS, the Amended Contracts are for the proper, efficient, and continuing conduct of the Authority to perform its duties; and WHEREAS, the Town, through its Light and Power Enterprise, owns, operates and maintains electric light and power works and distribution systems to provide electric service to its service area; and WHEREAS, the Amended Contracts will allow the Town to continue to operate its Light and Power Enterprise. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: That the Town contract with the other Municipalities as set forth in the Amended and Restated Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity in substantially the form as on file with the Town Clerk. Section 2: That the Town contract with the Authority as set forth in the Amended Contract for the Supply of Electric Power and Energy. 1 t. Section 3: That the officers of the Town as designated in each such Amended Contract be directed to execute and deliver each Amended Contract. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF ,2008. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk 2 .,1. 1MU e TOWN of ESTES PARK ESTES PARK Utilities Department COLORADO INTER-OFFICE MEMORANDUM - DATE: July 22,2008 TO: Town Board FROM: Bob Goehring SUBJECT: Marys Lake Treatment Plant Expansion BACKGROUND A General Contractor/Construction Bid Opening was held on June 26,2008 for Mary's Lake WTP Expansion Proiect. The proiect Design Engineer's, HDR Engineering, prequalified eight construction companies to bid on this proiect. (Attachments: Engineer's recommendation /etter and bid tabu/ation sheet) Total Bid General Contractor (includes bid alternatives 1,2 and 3) Asian Construction, Inc. $3,574,411.00 Garney Construction No Bid Returned Hydro Construction Co, Inc. $4,545,761.00 Jennison Construction Co, Inc. $3,758,139.50 Moltz Construction, Inc. $3,477,418.50 Paramount Construction, Inc. No Bid Returned Stanek Construction, Inc. $3,655,000.00 Weaver General Construction $4,012,249.00 The total proiect cost is $5,995,766.50 which includes the lowest bid and an additional $2,518,348 for the Membrane Contract: GE Zenon Corporation. BUDGET Account # 503-7000-580-33-32 Bond Funding from The State Revolving Fund (SRF) is $5,465,000 Water Enterprise Fund - $876,000 (from a balance of approximately $3 M) RECOMMENDATION Proceed with a contact award to Moltz Construction in the amount of $3,477,418.50. Utilize funding from the State Revolving Fund (SRF) in the amount of $5,465,000 and $876,000 from the Water Enterprise Fund for a total of $6,341,000 to cover proiect expenses and a 10% contingency fund. ic le p ONE COMPANY I Many Solutions s July 1,2008 Mi. Bob Goehring Mr. Jeff Boles , Estes Park Municipal Building - P. O. Box 1200 170 MacGregor Ave Estes Park, CO 80517 RE: Construction Contract Award Recommendation Dear Bob and Jeff: Bids were received by the Town of Estes Park on June 26,2008, for the Mary's Lake Water Treatment Facility Improvements project. In total, there were eight pIe-qualified contractors of which six submitted bids that were received and opened. The complete outcome ofthe bid has been summarized in the attached bid summary tabulation prepared by HI)R. Each contractor submitted a lump sum price foI the base bid along with three additional price bids for the three bid alternatives. The bids were evaluated on the basis of the base bid and with all alternatives added. The lowest lump sum base bid was submitted by Moltz Construction at $3,310,548.50. With the three bid alternatives added, Moltz Construction's total bid was $3,477,418.50 and was still the lowest total cost. The next two lowest total bid prices were from Asian Construction, Inc., at $3,574,411.00, and from Stanek Construction at $3,655,000.00. The engineer's estimate for the total construction cost, including the bid alternatives, was $3,191,212.00. Based on our review ofthe bids, coupled with our knowledge ofthe Town's available funding, HDR recommends the contract be awarded 10 Moltz Construction of Salida, CO, for a total contract amount of $3,477,418.50 for the base bid and the three bid alternatives. Please call ifyou have any questions regarding our summary orÂ· recommendations. We look forward to proceeding to the construction phase ofthis project. Sincerely, 604 0261 Sarah C. ClaIk, P.E. Project Manager Attachment HDREngineering.Inc. 303 East 17th Avenue Phone: (3031 764-1520 Suite 700 Fax: (303) 860-7139 Denver. CO 80203-1256 www hdrinc com - - /8 6 q -0 0 y E 1 i 2 1 P col j E a E li .Iu 0 m Q . a k 3.4 5 O II - W *a R W . .0 Ul 5 CD a 0 ./ W . 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Philadephia Mixer Co'FÂ· Ph ladeloi a Wlixer rp Sectioi 13441 - Control Loop UescÂ·ip:lons [SCAUA Programming) lications telecommunications tel ir cations teleconrr nicat ons te ecorn unicatiors $3,464,411.00 93,660,615.50 S4,405.530.00 33,31(,540.50 33,49 000.00 000'95# 00*000'VE$ CO'000'SES 00' 082'68 $ 00'000' I @A w.uellÂ¥ p!8 + pig 00 04 0819 ie,eueD cO 01/10513 ~eues Â·00 01405 3 123.leueD A mo-1 - senuc] k]Lenbeud eme JEA - 992:91 LOUOUS Jonnison Construction Hydro Construction 3 E/Zeno i GE/Zenon Sectioi 11093-Autorn atic d Filtraoor Systems Amied Filtratcn Systems Arriad A tratio, Systams Am 83 â€¢P3 Asian Construction, Gene'al Electrc k, Mary's Lake Water Treatment Facilify Improvoments weust euijolwo) E 'ON 043lbellv PIA E -014 OAACURAN PIE + (Slualll eAO bmltted with Bld .of Major Sectioi 14306 Â· Gartry Crane Systems Ser:tin, 1.5103 - Ritted y Valvp.s lueludinb=1104uoo.1010,1 - g,DS i lolloes Sl,01 1 1Gqns JO â€¢101*npea 'SUO 11 umber: 82167 ntepted Irt vernents) + B epe dea 8 joiwiguag) ''. Finance, Light & Power, Water Departments Memo To: Honorable Mayor Pinkham Board ofTrustees Town Administrator Halbumt From: Steve McFarland, Finance Officer Date: July 22,2008 Subject: 2nd Quarter Financial Report Background Attached please find the second quarter 2008 "dashboard" financial report. Documentation/explanation The expenditure categories used in the General Fund box are not identical to the way items are reported in the budget. The categories in this report are in line with GFOA recommendations, but I thought it might be useful to report how the General Fund departments correspond to the attached report: General Government: Legislative (1100), Judicial (1200), Executive (1300), Elections (1400), Finance/Admin (1500), Community Development (1600), Buildings (1700), Employee Benefits (1800), Subsidies/Grants (1900), Transportation (5600). Public Safety: Police (2100,2155,2175), Fire (2200), Protective Inspections (2300). Engineerin*Public Works: Engineering (2400), Streets (3100). Culture/Recreation: Parks (5200). Other revenues include all of non-sales tax revenues in the General Fund, the largest of which include property tax, use tax, franchise fees, interest, PILOTs, and business and liquor licenses. The General Fund box reports revenues at 16.9% ofbudgeted levels. May 08 sales tax figures are not included in the totals because the financial reports are issued before we receive the May 08 numbers. With May included, revenues would be about 24% ofbudget. When June reports, we will have (based on historic trends) about 37-38% of the annual total. "Other" revenues are looking especially strong, because the General Fund has been repaid by the EPHA for their $860,000 loan. Expenditures are currently at 50.3% of budget, on target with the calendar year. General government expenditure categories (general government, public safety, engineering, culture/recreation) are actually running slightly lower (44%) than target. The Sales Tax box reports 1st quarter numbers in italics, as June is an estimate based on the printed budget. With actual data available only through May, the first 5 months (25.4% ofthe financial year) is approximately 6.2% behind budget. When including the CPI, sales tax revenues could be lagging budget by as much as 9.7%. Further details on 2008 sales tax data will be reviewed in the August 26th, 2008 Town Board Meeting, schedule permitting. The Enterprise Funds box (see supporting pages for Light & Power and Water Fund breakdowns) shows that enterprise funds revenues are at 38% of budget. Expenses are uniformly under budget (50%). The Water loan ($4,900,000) is skewing the overall revenue percentages to the downside, and it should be noted that the 52.3% utility sales figure is beyond expectations. The Water loan is not going to be reported/realized in the budgeted format. When the budget was created, it was assumed that the Water loan would be issued in the same format at the L&P bonds, ie the Town would receive funds. This is not the case. The Town will submit invoices to the CWRPDA who will in turn pay the invoices and draw down upon our available $5,494,410 loan. The Investments box has been retooled to show investments by type of fund. The pension funds are managed by a third party (actually, only the Fire Pension is managed by a third party, but accounts for 99.4% of the Pension Funds' assets). EPURA investments reside in a ColoTrust money market account and are not mingled with Town investments. The bond issuance is listed separately due to its size. I have added some market indicators as well as the prevailing money market fund rate. We have been fortunate this year to have our investments sheltered in conservative modes. Action steps requested None. â€¢ Page 2 ''. 7 7 a ./ . St-JQ 1,64 ... 1.-41% .4 C .UÂ·'.41 1 Financial Update: 2nd Quarter 2008 380!#0 eoueu!:I - puelle:IOIN GAGE 4,4 22--M-â€¢rh rjel-- -81071â‚¬9Rr:â‚¬9â‚¬11 9 2 00. 1. nt U crlorelloN Si g E M 91' 4 1 1Â· re, M + N pr '=:XRZ::1 U r- M e- r- cr; - reÂ· re, 7 7- M.no. - WEg ~ENIS# 3822:tÂ°SCNS O-0,6- W- re, 00 A 9 0. =.E 9% 4465 fLASA . d rÂ· 12 ZEBAE~ R 2 % M R S S. % 3. 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Polood Ienuue EBA AP,21) SINISI XVi SaTIVS ENSES 000'ooz 252'5Â£['ZI E6Z' I 0 I'9 SEISNECWXH 19101 308png 8003 sooz 22222222 m 9 n N. 1.0'M.M.10Â©m U W er) M ChenÂ©91-00400 - Vi M en 91-91-=fer)(NU Â© M 00 VO Â£0 Ch P+ 010 ~0 1> 5 Ort M =r h N. 'r) N =t -4 0 0 N 5 41 EPE C-D m .ef.# ad 8% CM ce W â‚¬ VJ R Y .0 42 Mh K 9.2 43042 Modemaoâ€¢24 2008 % of Budget Year-to- e budget 73:3960:2:4 2,483,62 008'DI' L6Â£'tiE'Z JUOUIUIOA Lt0'9LÂ£'I Z88'If9 =Un SliOM O!Iqnd 00UIS ILL'05Â£ f60'8 I O' I UOIJEOIO I === 000'003 363' IOI'9 ESE'SEI'ZI HdXH EIVIOI fers from Enterprise Funds 1,007,611 888'ffI'ZI SE[flNE[AE[H E[V 950'OI 000'05 ff'9Â£8'E REVENUES . .. t. . 5 0 - 0% M O M 00 N 91- en O U h O 83 O 1-0 U r-glhe-hÂ©=1- .... . I . I . . . M f *Ch-00 N 1-Ch~OM rroo C 6 0.-1-NOHN er;NON MOO Ch Ch - 10 1,1 1- O Â¢ 91- M Chcorou Mer) I . 0 M M -~ 0 ' 4â€¢ 4 2%222 2222222 42 00 00 40 1 no 1900\1 000 15 rt 1. 4- vi rr - M W 1 00 1 M LO 1 -m toNÂ©-M 1 1 7 en - M W 4 & 4 34/ Â© 1 h 00 0(9 00~00\000 91- rr~ O .-4 Mchoo-1,9119 N - en m en Ch - 09 M hoo . . I .-T (C .$/ 02/ rl- r#..*I 1 N O 00 VD to er) 16 0 tr; er) Ch In - - -hm~- 1 co ...h I . N 00 ~ - 00 0 0 0\ O O 0 1 0 0 0, M 0 &0 en 0 0 en h M n.r... M ~0 10 0 00 h VD 00 --1 U WOO O - h r- 00 rl CA .-1 9 . I I . - t.. . g .2 8 2 ' U.-4-3 f i = o Z /4, AD 2 8 --2.35 00 3 0 Â·0 64 vs S A u 1.1 50 6 1 (70 <CloCE 0Â£,9'Â£+597 596'638'f 6~' 8 I SHSNE[dXH EIVIO.L 565'9Â£0'I$ %CS I- Eli'00Â£'IS (SEâ‚¬'Z,176'9$) HSVE[NOE[G/HSVERIONI .LHN 2nd QUARTER 2008 Budget Year-to-Date $10,686,947 $5,855,881 for Services 113,680 27,946 ENTERPRISE FUND S LIGHT AND POWER 8*5'IBI 91,0'LLE IZZ'65Â£'II ft'f'Â£9 i. ...wil:1.6-til .Â·ul ...,, ..---Â·... .. Sjunoo UIO,sno lnC) S.I@jSUBil BUIjuied REVENUES SEISNadXH . 41 . r- Â© b C M e 49-CO or Â© O 1 91- M O N MOO 0 00 77 -* Ti CA r.. 00 .... en h 1- 00 00 Â« 2 rt. hhon- N MNVO M - P. ' 2222f2f22 11Â¤M.M. 1 9 990!09 01 09 m 011-00 VO O0hhN-=1- enÂ© r- 91Â·NM â€¢-1 ~0 mi- rf mi- 1 91- - 00 h 00 Vi chy' VO 1- 1 1 M vivt M 1 9, E Â°0- ri C.1 00 M 91.-010Â© - 1 00 m * 91- 0 N =1- .-1 1 M 0 00 - ~I-1 KIA Â© p. 1 0 Q 0 N 00 Â©~D-- 47 M 02 2& T pl e Crl O Virl.4.*rive.* I . 2 r-/ .n r-/ Cl- ChOO -+- ME . OV,In ~ * - - -(Ntr) en O - 00 22 4 ~ 1-N 000 XI- tl rt Ch oo O ~0 - CA ri vi 00 rn - h 70 . rr oo _ 91-Ch 0-10 U 0 '2 71 U U 0 c 0 6â€¢ 04 AL) 0 U t 8 -2 O 0 b X Z 0 # 64 0 9 0 0%< U.1 18 2 8 0131#% - P OR, 1 .2 ~ ..R BEE E KE .li la wn 2 = cd 6. 0 m 0 0 .- 1 A 45689 9104Â¢10< 8 $1,113,447 $1,032,928 Year-to-Date bud Year-to-Date EZL'*6 *L8'60I 095'09I 9LI'8t,Z 6f0'88 LEE'Â£5Â£$ %9'63 (686'86I$) (Â£80'Â£Â£9$) HSVE[HOHG/HSVE[HONI .LE[N toz'LEE 8Lt'L 965'5LI 9Â£Â£'OOE FUNDS 631,000 152,032 Â£9Z'OL IES'SE LLE'I9Â£'I WATER in.0 sig sunifpr~uir<422: SHSNEIWXH T/101 .'. Town of Estes Park Memo To: The Honorable Mayor William Pinkham and Town Board of Trustees From: Scott Dorman, Fire Chief CC: Jacqueline Halburnt, Town Administrator Date: 7/18/2008 Re: Fire Truck Apparatus Purchase Background The 2008 Fire Department budget includes a request to purchase a Fire Truck Apparatus in the amount of $270,000.00 from account 101-2200-422-34-42 transferred to special revenue fund 229- 2200-422-34-42. In 2008, Fleet Superintendent Dave Mahany and fire department staff (Fire Chief and 5 volunteer firefighters) developed specification requirements for the fire truck and submitted a bid request from six fire truck manufacturers. Staff received responses from five of the six companies. Staff is recommending replacement of Fire Engine #2 a 1976 Mack Fire Truck, which has exceeded its useful life as a primary response vehicle (typically 20-25 years by NFPA standards). This replacement request meets the following needs of the fire department and residents within the fire department response area, they are: 1. Greater pumping capacity for fire suppression. 2. Compliance with NFPA Standard 1500 that requires four fire fighters on scene before interior fire suppression efforts can be initiated (the new truck holds four fighters as opposed to engine #2 which holds only two). 3. Compliance with NFPA Standard 1720 that requires ten fire fighters are on scene within ten minutes 80% of the time. Currently we do not meet this requirement. 4. NFPA fire apparatus requirements state all primary response fire apparatus vehicles manufactured prior to 1979 be upgraded or replaced (to do so would not be cost efficient in the case of engine #2). 5. NFPA Standard 1901 requires responding fire crews are within an enclosed cab area of the fire truck. 6. Purchase of the vehicle now would meet the requirements for the next ISO review scheduled for 2012 since it takes a year to build a fire engine. ISO reviews the previous three years worth of data to establish rates; therefore, the engine would need to be in service during 2009, 2010 and 2011. 7. Permanently staging Engine #2 at RMNP as a reserve engine would benefit residents in the response area and can reduce their home owner insurance rates when ISO approved. (dependent on the insurance company). 1 BudgeUCosts Staff received five bid responses and staff recommends Mile-Hi Fire Apparatus receive the contract award: â€¢ JLW Enterprise Inc. / Custom Fab and Body, Henderson CO. ............ $334,690 (Doesn't meet all specs, no dedicated/certified warranty-repair facility) â€¢ Mile-Hi Fire Apparatus, Smeal Fire Apparatus, Commerce City, CO.... $357,918 (Meets majority of or exceeds specs - cost reflects discount for payment of chassis when it arrives at factory) â€¢ KME Fire Apparatus, KME Fire Apparatus, Louisville CO. ................. $361,570 (Doesn't meet some critical specs) â€¢ Front Range Fire, Pierce Fire Apparatus, Frederick CO. ...................... $363,531 (Meets most specs, some minor specs not meet - cost reflects discount for partial pre-payment and early total payment) â€¢ Summit Emergency Equipment, Crimson Apparatus, Commerce City CO. (Meets majority of specs) ...................... $395,503 â€¢ Western Fire, Seagrave Apparatus, Commerce City, CO. ...... NO RESPONSE Mile High Fire Apparatus met all but seven of the specifications required by staff while the next closest met all but thirteen of the requirements. It should be noted the budget overrun is due to the following issues: 1. Prices for the Fire Truck were acquired in 2006. 2. Purchasing a four passenger unit vs. a two passenger unit ($10,000 - $15,000) to meet ISO and NFPA requirements for primary response equipment. 3. Steel price increase of 68% ($59,784) 4. Labor cost increase of 3% ($2,638) 5. Additional costs due to increase in other equipment and materials (approximately $10,000) Recommendations Staff recommends acquiring the vehicle through one of the following methods: 1. Use 2008 budgeted dollars from department budget ($270,000) and offset overruns ($87,918) with fire subscription fees collected for the 2008 year. 2. Use the budgeted dollars from the department budget ($270,000), offset a portion of overruns ($41,041) from the fire subscription fees collected and initiate line item budget cuts from the department budget in the amount of $46,877 from: a. Personnel savings - $27,377 b. Training - $5000 c. Fire Hose - $9,500 d. Thermal Imaging Camera - $5,000 (Town's Share) â€¢ Page 2 ..6. 3. Lease Purchase 4. Purchase a used Fire Truck a. Used vehicles life expectancy is 5-15 years since most used vehicles would require retro fitting equal to or more than the cost of a new truck to meet our community needs and most used vehicle are ten years old at time of purchase. 5. Do not purchase the truck a. This action would realize a price increase of 15% ($53,688) according to Mile High Fire Apparatus staff. It should be noted that there are additional equipment expenses for this vehicle once delivered. Those costs are estimated at $70,000 and will be requested in the 2009 budget. â€¢ Page 3 . Administration Memo To: Honorable Mayor Bill Pinkham and Board of Trustees From: Jacquie Halburnt, Town Administrator Date: July 18, 2008 Subject: Public Information Officer BACKGROUND: At the April 25,2008 town board retreat, the board was supportive of an additional position to focus on public information. Staff suggested a joint position entitled Executive AssistanVCommunity Outreach Coordinator. The majority of the board indicated they prefer a position which focuses solely on public information. We researched the addition of a public information officer position and presented an outline of duties for the position. The board then became split over whether or not we needed a full time position or if the current administration should handle PIO duties, as outlined in the current deputy town administrator job description. The board also asked to review a new job description if a position was added. BUDGET/COST: A salary survey was performed using our target cities of Frisco, Steamboat Springs, Avon, Ft. Collins, Loveland and Longmont. The results indicate an appropriate salary range for this position to remain competitive with our resort and regional target cities is $52,785 - $72,735. With benefits, the effect of adding another full-time position to the general fund would be $68,600 - $94,550. Considering the recurring decline in projected sales tax revenue (we're down 6.2% to date) I am hesitant to add a new position. Especially since I have asked general fund departments to eliminate discretionary spending and freeze open non-essential positions. RECOMMENDATIONS: While I still believe the optimal decision would be to add a new position, I am recommending that we take a different approach in the interim. Deputy Town Administrator Richardson can work with an assigned PIO from each department to increase our communication both internally and externally. By meeting as a group, they can pool their resources to increase communication. DTA Richardson already oversees the Bugle Newsletter committee and his increased PIO duties would be a natural progression into leading a PIO team. .'. July 22,2008 I am concerned about the spread of invasive weeds, and especially noxious weeds, in the Estes Park area. Landowners are legally required to control noxious weeds. Even when enforcement of such regulations may be weak or lacking, the town, and other government agencies, should set a good example of compliance with such regulations. Some of you may remember that last year I presented similar concerns to the town board. At that time, my concerns were dismissed with a statement regarding the money the town was spending for a Fort Collins company to address the weed issue through spraying. However, so far as I can tell, no improvements in control were made. I also reported to town staff some specific areas where diffuse knapweed was rampant on town right-of-ways , but they were never treated and the situation has not improved this year. Though it's not entirely town land, there are at least five species ofnoxious weeds growing alongside the Lake Estes trail. The town may not be able to control noxious weeds on private properth but some additional actions are needed.. I think the town should inform the public (via local newspapers) about: 1. what the town is doing for weed control. 2. who to contact with concerns about noxious weeds on public property. 3. how residents can deal with weed problems on private property. The town should also cooperate in every way possible with efforts by the County Weed District and any other groups seeking to help control the weed problem. Thank you George Hockman 1625 Prospect Estates Drive Estes Park. CO . 1 ' Estes Park Town Board meeting 07-22-08 Good evening, The feel-good description ofthe God we are supposed to be under is of a loving father who createdthe heavens andthe earth for our use andpleasure and ifwe just follow a few simple rules, we will be blessed with a good life here and paradise forever; or some variation thereoÂ£ I have handed each of you a copy of a picture from a 1993 Time magazine article. The caption reads: "A million southern Sudanese face starvation. Here a child falters en route to a feeding center, while a vulture hovers." The child is black, 3 or 4 years old and naked except for a necklace and bracelet His ribs are showing and he is squatting with his forehead touching the parched earth. They had been traveling for days to escape a severe drought and his mother had left him as she barely had the energy to help herself. About twenty feet behind him a vulture has just landed. What words of comfort do you think your heavenly father would have for this young child? Maybe God could tell him about how misery is part of a mysterious divine plan and that a reward is to come. Then again, God might be punishing the child for his many sins, or the sins ofhis parents, or the 5:ins of Adam and Eve. Maybe God's son, who is much better with children, has something to say. In Matthew, Jesus says these words: "Therefore I tell you, do not be anxious about your life, what you shall eat or what you shall drink, nor about your body, what you shall put on. Is not life more that food, and the body more than clothing? Look at the birds ofthe air: they neither sow nor reap nor gather into barns, and yet your heavenly Father feeds them. Are younot ofmore value than they? And which ofyouby being anxious can add one cubit to his span of life?" Anxious? I think the child only hopes he dies before the vulture walks over and plucks his eyes out. There is nothing that can reconcile this picture with an all-powerful, loving God, and you can make no excuse on your God's behalf that will correct this scene. No father would inflict 1his kind of pain on one child to make a point to another. The only thing that makes any sense is that the only God we are under is what Thomas Jefferson called 'Nature's God" or more accurately the laws of nature, which are unfeeling and unforgiving. Drought, famine, and disease are all a part of a natural evolutionary process an~nankind's survival is completely dependent on mankind. IN TUE â‚¬6)9 This nation's delusional beliefthat we are undera God who wouldbestow special blessings on us, is the ultimate perversion of anything that was ever good about religion. Unlil Congress removes lhe words, 'under God; I again ask that you stop reciting the Pledge. Sincerely, David Habecker 1/&/Â£Â£..#&//,I '. C.\.\11.-1<.\ ANGLE 7.1 - if:VE:*pl, - .. ./.-I â„¢ Â£ I ..' .. ~ 11- . ' , Â»10- .4 . i ./. 0. t . + : a 4 g 1,- 2 4*14 :' 41, I I. 1 1 '. 4..... 6. e :=-2-42 I . J . % Â·' ~ K ~~,9 ;~ *4~ I,0 . r. 1 ... 1 . 1. '.ebil.9.MilfÂ· -'t ' ' . .. 1 â€¢ ~ M h t r Blk;/ .- 1::;7' S#. I'Â· 1."-~Yyt...~3.t'. ... - . % -7 .; I ...1...1~ 'r Lf,PRMi...L . .. , ...... i--3 *VEÂ·Â»fÂ· 2.'R.-*2&*--4 1 ..--- . / - 6 1*Al:CO - L - -- . ;t>r,/Â·44:* 'trivi-& -Â·&t-2124Â·Esb-N,%4.0.':sÂ·.Â·-2 - 6-9./.-6..-/.. ,... ze#,1..3~~....- 1. :.- . 7~,SA>429,,Ef)9802499 *.i . A Â·- ...Â·7Â·9.1~'Â·t#4Â»Â«-29-9"43 42:221*2,/7372.. r ~ Â·- 1 -Â· -'---2' A-. lk.v . ./ Â· 24Â·Â·~ 11/IGAA#'TU- -> ' .- - A Â·.-I: L .*. A ' . ..' ' IN EXTREMISÂ· Amillion southern Sudanese face starvation. Here, a child faltersen route to a feeding center, whilea vulture hovers. 4 ; f . ..'t, I\* ; r , 1 . th*-Â·<illte tÂ® â€¢~C~/ 4.i (EdIUMI/mt Mary's Lake WTF Improvements Update Sarah Clark, PE ~ July 22,2008 bfer .. â€¢41â€¢, =J... Hit E....... Mary's Lake WTF Improvements Â· Improve reliability and treatment Â· Expand capacity to 4 mgd to 5 mgd ./-11 .../..FIP'FF - .-- Â· Maximize use of existing - -- . - building space ~ 8.0 4,-6.1. I ' I. =Infer Â· Provide positive barrier to ...-=-1-Iift-- pathogens ./.1/Liwl:wilill 1 . Project Milestones Completed Â· Pre-purchase of GE/Zenon submerged membranes Â· Contractors prequalified for bidding Â· Design documents out to bid in early June Â· Contractor bids opened on June 26,2008 Â· Bid award on July 22,2008 ... 0 0. le r - . . Lr - ...1 1 --i- mm I'll'll' 1111lilli 1 14 , Lt; 16 9 -..1 11=7.1~. .. 1 1 1 i r 4 1~ d---_r * - ..Al - . lut ' irÂ· EFT 2 l p. ... 0. Ne . F 'U .1 : --- : 61-- t v t - in 2 1 '1'F- 9 1.1 . ' 4 1 E-~ ' I .,2 4 0 i UÂ» - 16 1 .9 0 1 1 AJ - i. //con .L/- 4427 4 4 , ' L Â¥. [0-946$ ...4. 3 P-'_-1 .. . ~i Construction Contract Bid Summary Contractor Total Bid Amount Asian Construction $3,574,411.00 Jennison Construction $3,758,139.50 Hydro Construction $4,545,761.00 Moltz Construction $3,477,418.50 Stanek Construction $3,655,000.00 Weaver General Construction $4,012,249.00 Total Project Cost with Membrane Equipment = $5,995,766.50 Project Schedule Going Forward Â· July 25,2008 - Preconstruction Meeting - start construction Â· October: Deliver membrane equipment Â· November 08 - February 09: Temporary treatment Â· March - April 09: Deliver & install membranes; startu p Â· June 09: Final completion Questions? Schedule for Current and Future Projects Water rights work 1 1 Design Construct Design Construct Phase 2 Phase 1 Phase I Phase 2 11111111 1 /,1 6 .// i 2006 ~ 2007 2008 ~ 2009 2010 ~ 2011 2012 2013 ~ 2014 LT2ESWTR Begin Crypto Additional treatment treatment & Stage 2 Crypto DBPR sampling requirement for Crypto defined on-line finalized