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HomeMy WebLinkAboutordinance.council.088-75 100 Leaves RECORD OF PROCEEDINGS (Series of 1975) AN ORDINANCE I~EQUIRING THAT, FROM AND AFTER APRIL 1, 1976, ALL TELEPHONE AND C~BLE TELEVISION UTILITY LINES SHARING POLES WITH THE CITY ELECTRIC UTILITY SHALL BE pLACED UNDERGROUND CONCURRENT- LY WITH THE CITY cONVERSION OF ITS oVERHEAD ELECTRIC FACILITIES TO UNDERGROUND LOCATION; PROVIDING THAT THIS REQUIREMENT APPLY ONLY WITHIN THE CITY coMMERCIAL CORE (AS DEFINED HEREIN); PRO- VIDING FOR DIRECT BURIAL OF THE LINES WITH THE ASSUMPTION BY THE CITY OF THE cOST OF TRENCHING, 3ACKFILL, EASEMENTS AND iMPROVEMENT REHABILITATION; PROVIDING FOR ABATEMENT OF OVERHEAD WIRES AND POLES AFTER APRIL 1, 1976, PURSUANT TO SECTION 13-91; AND FURTHER PROVIDING THAT ON VIOLATION OF THIS ORDINANCE THERE BE IMPOSED A FINE OF NOT ExcEEDING THREE HUNDRED ($300.00) DOLLARS OR iMPRISONMENT FOR NOT MORE THAN~NETY (90) DAYS OR BOTH suCH FINE AND iMPRISONMENT- WHEREAS, the city council has determined that the con- version of overhead utility lines to underground location within the city's commercial core will enhance the public health, safety and wel- fare inasmuch as : (1) conversion will reduce utility costs by cutting losses of service time and equipment due to damage of overhead facilities because of wind storms, fire, lightening, vandalism, vehicular collisbns, or contact with aerial objectS; (2) conversion will further benefit affected utilities by reducing injuries to repairmen from falls or exposure to shock; ~DY eliminating overhead facility repair and maintenance costs, and by eliminating the need to repeatedly trim trees and other foliage from poles and wires~ (3) conversion will enhance public safety by reducing danger to children due to the proximity and availability of overhead wires and poles; RECORD OF PROCEEDINGS 100 Leaves (4) undergrounding of utilities will enhance property values; [5) removal of poles and wires will enhance the usefulness of the public alleys for movement of vehicular traffic and facilitate snow removal oper- ations therein; ~) removal of overhead wires will relieve the public of a network of wires placed upon public rights~of-way by a variety of utilities and further eliminate unsightly concentrations of overhead distribution facilities; (7) removal of overhead wires and poles will increase public enjoyment of the Aspen Pedestrian Mall, the Aspen Historic District, and the commercial core, all of which is necessary to enhance the City's position as a major ski resort; and (8) undergrounding is generally desirable from the standpoint of aesthetics, safety, dependability, service, and enhancement of property values; and WHEREAS, the city, as owner of the municipal electric system, proposes to underground electric service and transmission lines in the com~ercial core, where service needs have substantially reached capacity, and wishes to require that utility lines carried on the same poles used by the electric system be simultaneously placed underground; and WHEREAS, concurrent undergrounding is necessary (1) to avoid retention of any above ground facilities (thus defeating the purposes of the program) and to (2) reduce public cost and in- convenience that may result from a succession of undergrounding programs by each of the utilities employing overhead facilities, NOW~ THEREFORE, BE IT ORDAINED BY THE CITY cOUNCIL OF THE CITY OF ASPEN, COLORADO: -2- RECORD OF PROCEEDINGS 100 Leaves Section 1 From and after April 1, 1976, whenever the City of Aspen shall remove and relocate its electric transmission and ser- vice wires and place the same underground, all telephone distrib- ution systems and television cable systems sharing poles used by the electric system, or adjacent and parallel theretO, shall be placed underground simultaneously with the city utility. Section 2 The provisions of Section 1 shall apply only within the commercial core of the city of Aspen, more specifically defined as that area bounded by Garmish, Main, Original and Durant StreetS, and including Blocks 84 and 91 between Durant and Dean StreetS. Section 3 The conversion shall be accomplished by direct burial of the utility lines, and the City shall perform, at its cost, all necessary trenching and backfilling, including the furnishing of any imported backfill material required. In addition, to facilitate the program the City will (1) supply the necessary ease- mentS for the utility placement, (2) (3) ing (4) waive any applicable permit fees, assume the cost of resurfacing, patching or otherwise rehabilitat- street, sidewalk, curb or gutter improvementS affected, and assume the cost of removing obsolete poles and wires, allocating the salvage value of such material to the utilities involved as their interests appear. Section 4 Each utility shall assume its costS for underground cable, and the costs of connecting and disconnecting service, including the cost of all facilities between the utility trench and the termination facilities at consumers' premises. -3- RECORD OF PROCEEDINGS 100 Leaves Section 5 The provisions hereof shall apply to any city, county, special district, private or public corporation that provides telephone or cable television service to the public within the City. Provided that nothing herein shall be applied to poles or overhead wires used for operating traffic control lights or street light systems. Section 6 The City Engineer is hereby authorized to permit exceptions to the application of this ordinance when its applic- ation is technically impossible, creates undue hardship, presentS practical difficulties, or would be without the intentS and pur- poses of this ordinance. Section 7. Overhead utilities within the commercial core are here- by declared to be a public nuisance, which nuisance, from and after April 1, 1976, may be abated pursuant to the provisions of Section 13-91 of the Aspen Municipal code, Section 8 A violation of any provision of this ordinance shall be punished by a fine not exceeding Three Hundred ($300.00) Dollars or imprisonment for a period of not more than ~nety (90) days or both such fine and imprisonment, and each day any violation of this ordinance shall continue shall constitute a separate offense. Section 9 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid~ such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applic- ations, and to this end the provisions or applications of this RECORD OF PROCEEDINGS 100 Leaves ordinance are declared to be severable. Section 10 -- A public hearing on this ordinance shall be held on the day of , 1975, at 5:00 P.~. 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, at its regular meeting held _ , 1975. ATTEST: ~TACY STANDLEY III, MAYOR ~ATHRYN S. ~33~UTER, CITY CLERK FINALLY ADOPTED AND APPROVED ON 1975. ATTEST: STACY STANDLEY III, MAYOR ~r~THRYN S. HAUTER, CITY CLERK