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HomeMy WebLinkAbout1069 Approving First Amend. to Franchise Agmt. United Power 12-10-2025ORDINANCE NO. 1069 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A FIRST AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND UNITED POWER, INC"., AND DECLARING AN EMERGENCY WITH RESPECT THERETO WHEREAS, by Ordinance No. 766, the Town of Firestone ("Town") Board of Trustees ("Board") approved a Franchise Agreement with United Power, Inc. (the "Company) to grant a non-exclusive franchise to the Company to furnish, sell and distribute electricity within the Town pursuant to the conditions set forth in the Franchise Agreement for a term of 15 years, attached hereto as Exhibit A and incorporated herein: WHEREAS, the term of current Franchise Agreement (Exhibit A) expires January 20, 2026 unless otherwise extended by the 1 own and the Company (the ``Parties") WHEREAS, The Parties desire to negotiate a new franchise agreement in the coming months: WHEREAS, the Parties agree that the Franchise Agreement will expire prior to the Parties having both adequate time to negotiate a robust and fair agreement for both sides that is in best interest of the public health, safety and welfare of the Town. and to receive formal approval by both the Town Board and the Company Board; WHEREAS, the Ton Board finds and declares that an emergency exists because expiration of the current Franchise Agreement risks a danger to the public health, safety' and welfare of the Town; and, WHEREAS, given the urgent need to preserve the public health, safety and welfare of the Town, the Town Board further finds and declares that this ordinance becomes effective immediately upon adopting at a single reading. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, E, COLORADO DO Section 1. Amendment to Franchise Agreement, Section 2.2 of the Franchise Agreement is hereby deleted in its entirety and replaced with the following: .2 Term of Franchise. This Franchise Agreement shall he effective as of the effective date of the ordinance adopting the sane and shall supersede any prior franchise grants to the United Power by the Town. The term of this Franchise Agreement shall be fifteen years unless extended by mutual agreement of the parties. In the event the Town and United Power are still negotiating a new franchise agreement near the expiration date of this agreement. the Town may, with agreement of United Power, extend this franchise through March 13, 2026. Section 2. Term f Franchise Agreement Extended. The Town hereby exercises its extension optionas stated in Section 1 of this ordinance and, with the agreement of United Power, the Franchise Agreement between United Powe • and the Town is hereby extended to March 13, 2026. Except as expressly modified or amended as provided herein, all other terms of thFranchise Agreement remain unchanged and in full force and effect. Section 3. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision £ill not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts was declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict Section 5. Emergency Declaration; Effective Date, pursuant to C.R.S. § 31-16-105. the Town Board hereby finds and , declares that this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the Town by ensuring consistent provision of electricity in the Town. This ordinance shall take effect immediately upon its adoption, and the Town Board directs that publication of this Ordinance be made as provided by C.R.S. § 31-16- 105. INTRODUCED, READ, ADOPTED, APPROVED, AS EMERGENCY ORDINANCE, AND ORDERED PUBLISHED IN FULL thisMy ofD, , 2025. FOWN OF FIRtl , 'O O1 l i tan conyttc r, M or ATT T« ° m. AFI S TO FC)R Tjla��,`dos Lruna, ('MC Town Clerk arshall Keith Martin, Town Attorney F nited Power Inc., for itself, its successors and assigns, hereby accepts, as of the date stated above, the foregoing Ordinance finally passed by the Town Board of Firestone and agrees to be bound by all of its terms and provisions. United Power Inc.: B\.