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ORDINANCE NO. ,~5:
(Series of 1986)-
A ORDINANCE APPROVING AN UNDERGROUND RIGHT-oF -vJ AY EASEMENT AGREE-
MENT BETWEEN HOLY CROSS ELECTRIC ASSOCIATION, INC. AND THE CITY OF
ASPEN, COLORADO, PROVIDING FOR THE CONSTROCTION, REPAIR, MAINTEN-
ANCE AND OPERATION OF AN UNDERGROUND ELECTRIC TRANSM ISS ION OR DIS-
TRffiUTION LINE, OR BarH, TO BE LOC.ATED ON THE CITy-oWNED "KOCH
PROPERTY", SETTING FORTH THE TERMS AND CONDITIONS FOR THE GRANTING
OF SOCH UNDERGROUND EASEMENT, AND AUTHORIZ ING THE MAIDR TO EXECUTE
SAID AGREEMENT AND ALL OTHER DOC UMENTS NECESSARY TO GRANT SAID
EASEMENT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council an
Underground Right-o f-Way EaSEment Agreenent between Holy Cross
Electric Association, Inc. and the City of Aspen providing for the
construction, repair, maintenance and operation of an underground
electric transmission or distribution line, or both, to be located
on the City-owned "Koch Property", a copy of which agreement is
annex ed her eto and mad e a par t her eo f.
NCMT, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE
CITY 01:''' ASPEN, COLORAID:
Section 1
That the City Council of the City of Aspen does hereby
approve that Underground Right-of-Way Easement AgreEment, a copy
of which is annexed hereto and incorporated herein, between Fbly
Cross Electr ic Association, Inc. and the City of Aspen prov id ing
for the construction, repair, maintenance, and operation of an
underground electr ic trangnission or distr ibution line, or both,
and does hereby authorize the Mayor to execute said agreement and
such other docunents approved by the City Attorney as may be
necessary to accomplish said sale on behalf of the City of Aspen.
Section 2
If any section, subsection, sentence, clause, phrase or PJr-
tion of this ordinance is for any reason held invalid or unconsti-
tutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall
not affect the val id ity of the remaining portions thereof.
Section 3
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Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be con-
tinued and conclLrled under such prior ordinance.
Section 4
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A publ ic hear ing on the ord inance shall be held on thea?!Y _
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day 0 f ___....:.::::.~.. /..::~___________, 1986, in the City Counc il
ft.. .f
Chamber s , ASpen Ci ty Hall, Aspen, Colorado.
INTRODUCE D, READ AND ORDERE D publ i shed as prov id ed by law of
the City Council of the City of Aspen on the j~r~'-""day of
~'7'---
___~~____________, 1986.
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ATTEST:
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FINALLY adopted, passed and approved thi s _.::.:::t2___ day 0 f
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_________..:.:'.-7-'''~,-1!f-t~.--:L------------' 1 986.
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Will lam -r;:--st:Irl ing, -Mayo ---
ATTEST:
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