Loading...
HomeMy WebLinkAboutordinance.council.040-87 © (Series of 1987) AN ORDINANCE DETERMINING THE NEED FOR PARTICIPATION, AND AUTHORI- ZING AND DIRECTING SUCH PARTICIPATION BY THE CITY OF ASPEN, COLORADO, IN THE OPERATION OF MUNICIPAL ENERGY AGENCY OF NEBRASKA AND TO PRESCRIBE THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The City Council hereby finds and declares that, in consi- deration of the present and future needs of the City of Aspen for electric power and energy, and the inadequacy and unsuitability of the City's supply of electric power and energy available to meet those needs, and in consideration of the economic and other advantages which will be realized by cooperative action with other municipalities, it would be in the public welfare and in the interest of the customers of the City's electric utility that the City become a participant in the Municipal Energy Agency of Nebraska, an agency which as been formed pursuant to Sections 26 to 34 of the Municipal Cooperative Financing Act contained in LB 132 of the t Legislature (1981) First Session of the State of Nebraska, as a participating municipality. At the present time, the Agency is comprised of the Nebraska municipalities of: Alliance, Arnold, Auburn, Bayard, Beaver City, Blue Hill, Broken Bow, Burwell, Callaway, Chappell, Crete, Curtis, Fairbury, Falls City, Gering, Grant, Kimball, Lyman, Mitchell, Morrill, Mullen, Nebraska City, Oxford, Pender, Red Cloud, Shickley, Sidney, Stuart, Wahoo and West Point It is anticipated that there may be other municipalities that may become participants pursuant to the provisions of the Municipal Cooperative Financing Act. The general description of the business in which the Agency engages, and the location and method of operation of the proposed plants and systems of the Agency are: To generate and supply electrical energy and engage in the ownership and operation of power projects as defined in the Municipal Cooperative Financing Act, within and without the State of Nebraska, and exercise all other powers granted by law relating to the above activities. The principal place of business shall be Lincoln, Nebraska. Section 2 It is hereby ordered and directed that the City of Aspen, Colorado, acting through its Mayor and City Clerk, become a participating municipality in Municipal Energy Agency of Nebraska, an organization which has been created pursuant to Sections 26 to 34 of the Municipal Cooperative Financing Act contained in LB 132 of the 87th Legislature (1981) First Session of the State of Nebraska and do all things necessary to become a participant in such Agency. This would include the submission of an application to the Municipal Energy Agency of Nebraska expressing this City's desire and need to become a participating municipality and the appointment of a director to the Agency. Section 3 If any section, subsection, sentence, clause, phrase or portion of this orginance is for any reason held invalid or unconstitutional 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 4 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 continued and concluded under such prior ordinances. Section 5 A public hearing on the ordinance shall be held on the day of ~ , 1987, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the /~9~ day of ~ , 1987 · '~'m ~~Mayor ATTEST: Kathryn/. 7<och, City Clerk FINALLY adopted, passed and approved this ~Z~ day of ~ , 1987 . William . 'Stirlin~,~'~' ayor .ATTEST: Kathryn ~ Koch, City Clerk klm. nmpp. 87