CITY COMMISSION AGENDA ITEM

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Department:

City Attorney’s Office

Commission Meeting Date:  June 5, 2018

Staff Contact:

Randall F. Larkin

Recommendations/Options/Action Requested:

 

Adopt Resolution No. 7253, approving the transfer from Kaw Valley Electric Cooperative, Inc. to FreeState Electric Cooperative, Inc. of the City’s Utility Franchise Contract, subject to the conditions set forth in the resolution, if appropriate.

 

Executive Summary:

Kaw Valley Electric Cooperative (“Kaw Valley”), currently operates in the City under an Electric Franchise Contract enacted September 28, 1999 (Ordinance 7147).  Effective January 1, 2017, Kaw Valley and Leavenworth-Jefferson Electric Cooperative, Inc. ceased to exist, and all their rights and obligations transferred to a new legal entity – FreeState Electric Cooperative, Inc. (“FreeState”). The City Attorney’s Office hereby recommends that the City grant consent and approval of the transfer through the adoption of Resolution No. 7253, with said consent being conditioned upon FreeState executing a Transfer, Acceptance, and Assumption of Electric Utility Franchise. The Agreement is affixed to the Resolution as Exhibit A.

Strategic Plan Critical Success Factor:

Sound Fiscal Stewardship

Fiscal Impact (Amount/Source):

The fiscal impact to the City is $0.00 as the City will receive, after the transfer and assignment, from FreeState what it would have received from Kaw Valley under the existing Franchise Agreement. Accordingly, there is no net gain or loss to the City.

Attachments:

Transfer Request

Staff Memo

Resolution No. 7253

Exhibit A

Map of FreeState Service Territory in Douglas County

 

 

Reviewed By:

(for CMO use only)

TM

DS

CT

BM