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HomeMy WebLinkAboutordinance.council.027-86 ORDINAN2 E NO. 2-1- (Ser ies of 1986)-- A ORDINANCE APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT AGREE- MENT BETWEEN HOLY CROSS ELECTRIC ASSOCIATION, INC. AND THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE CONSTROCTION, REPAIR, MAINTEN- ANCE AND 0 PERATION OF AN UNDERGROUND E LECTR IC TRANSM ISS ION OR DIS- TRIBUTIoN LINE, OR BarH, TO BE LOCATED ON THE CITy-oWNED "MAROLT PROPERTY", SETTING FORTH THE TERMS AND CONDITIONS FOR THE GRANTING OF SOC H UNDERGROUND EASEMENT, AND AUTHORIZ ING THE MAYOR TO EXEC UTE SAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO GRANT SAID EASEM ENT ON B EHA LF OF THE C IT Y OF AS PE N WHEREAS, there has been submitted to the City Council an Underground Right-of-Way Easement Agreement between Holy Cross Electric Association, Inc. and the City of Aspen providing for the construction, repair, maintenance and operation of an underground el ec tr ic tr an sm ission or d istr ib ut ion line, or both, to be located on the City-owned "Marolt Property", a copy of which agreement is annexed hereto and made a part hereof. NCM, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ASPEN, COLORAOO: 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 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, and does hereby authorize the Mayor to execute said cgreement 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 p:>r- 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 validity of the remaining portions thereof. Section 3 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 concluded under such prior ordinance. Section 4 ------ A publ ic hear ing on the ord inance shall be held on the ~~~f'_ /~\ ~ day 0 f -----~T Chamber s, Aspen Ci ty Hall, Aspen, CDlorado. , 1986, in the City Council 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 L!jL day of .C.---'" ' ~,. 1 . .......~7~-- , ----------)1 / --------- .!.~' 1986. ATTEST: xf~_- Koch, City Cl er K 2 FINALLY adopted, passed and approved thi s~L___ day of ________________-;~::::-~~:--------, 1 986. . v ~~~----- William L. Stirling, Mayor ATTEST: "x1~- c h, City Cl er k so 3