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<br />Louisville City Council Meeting <br />February 15, 2005 <br />Page 11 of 14 <br />City Attorney Light requested the motion include authorization for the Mayor to <br />negotiate the four suggested revisions. Council member Brown and Levihn accepted the <br />amendment. <br /> <br />VOTE: All in favor. <br /> <br />DISCUSSION/DIRECTION - PUBLIC SERVICE COMPANY OF COLORADO <br />FRANCHISE RENEWAL <br /> <br />Mayor Sisk requested a Staff presentation. <br /> <br />Assistant City Manager for Governmental Relations Heather Balser reported on the draft <br />franchise renewal agreement prepared by Public Service Company of Colorado (PSCO). <br />A few red-line comments were included, with the most substantive being the 20-year <br />term. The City proposed a term of IS-years. The remaining issues are as follows: <br /> <br />1) The term proposed by PSCO is 20-years. <br />2) The City suggestion of a "Maintenance of Franchise Fee." <br />3) "High" level of reliability in providing gas and electricity to its residents; and <br />a time on PSCO to replace/repair street lighting operations. <br /> <br />City Attorney Light addressed the remaining issues in the franchise agreement. <br /> <br />1) PSCO is negotiating with municipalities for a 20-year period oftime in all <br />cases except those whose charter requires a shorter length of time. The City of <br />Loveland has a charter provision which stipulates a franchise agreement <br />cannot exceed IS-years. <br /> <br />2) On the street lighting, PSCO has been unwilling to agree to franchise <br />reliability or response time provisions, but has agreed the City will not be <br />charged for light repairs necessitated by faulty company work. Regarding the <br />term, PSCO is suggesting a 20-year term is appropriate with an opening <br />clause during that time only to provide for conversion to a consumption based <br />franchise fee should PSCO agree to pay in that fashion versus the current net <br />revenue valuation method. <br /> <br />3) PSCO is unwilling to agree with franchise provisions regarding reliability <br />issues as well as fixed time restrictions placed on actions by the Company for <br />certain types of actions. Also, there is no language in the agreement related to <br />renewable energy standards. <br /> <br />Assistant City Manager for Governmental Relations Balser stated the City Attorney and <br />Staff request Council direction on how to proceed. She noted it is anticipated the first <br />reading of the ordinance will occur at the March 1 City Council meeting, and the most <br />recent extension of the franchise expired on February 10, 2005. <br /> <br />11 <br />