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HomeMy WebLinkAboutresolution.council.014-75RECORD OF PROCEEDINGS 100 Leaves (Series of 1975) WHEREAS, the Aspen City Council wishes to execute a Franchise Agreement with the Holy Cross Electric Association for the purpose of granting to the Association a franchise to locate and construct poles, polelines, posts, ~ires, trans- formers and other electrical apparatus within the city rights of way, and to sell and distribute said electrical energy to inhabitants of the city of Aspen, and WHEREAS, Section 11.4 of the Aspen Home Rule Charter, entitled "Granting of Franchises" provides that no franchise shall be granted except upon approval by a majority of electors voting thereon, and WHEREAS, the Charter, further, requires that on sub- mission of a question to a vote of the people, such an election shall be held not less than thirty (30) nor more than ninety (90) days from the date of final Council vote thereon, and that if no regular city election is to be held within the period pre- scribed, the Council shall provide for a special election, and WHEREAS, the City Council wishes to submit the question of the franchise to the electorate and do so at the General Municipal Election to be held Tuesday, i.%ay 6, 1975, in the city of Aspen, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: RECORD OF PROCEEDINGS 100 Leaves Section 1 That at the General Municipal Election to be held in the City of Aspen, Colorado, on Tuesday, the 6th day of May, 1975, there shall be submitted to a vote of the qualified, registered electors of the City, the following question as set forth be- low, which question shall be similarly stated in the Ballot Label and Notice of Election: FORM OF QUESTION QUESTION SUBMITTED: "~ay the city Council negotiate for the grant of a franchise to Holy Cross Electric Association, Inc., to locate, construct, purchase, maintain and operate into, within and through portions of the City of Aspen, all necessary and convenient poles, polelines, posts, wires, transformers and guy posts and guy wires, appliances and works, for the pur- chase, generation, transmission and distribution of electrical energy to the inhabitants of the city, by means of conduits, cables, poles and wire, over, under, along, across and through all streets, alleys, bridges and other public places within the City, which franchise will run for a period of thirty (30) years and provide for pa~ent to the City of three (3%) percent of of the gross revenues derived by Holy Cross for such s~rvice within the city in consideration for said franchise." Section 2 Those qualified, registered electors of the city who are qualified to vote under the Constitution and the Charter of the City of Aspen, shall be allowed to vote on the proposed question. -2- RECORD OF PROCEEDINGS 100 Leaves Section 3 The election on the proposed question will be held at the designated polling places within the to be newly established voting precincts between the hours of 7 A.M. and 7 P.M. on Tuesday, May 6, 1975, in the City of Aspen, colorado. Section 4 The election on the proposed question shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City council of the City of Aspen. Section 5 The provisions for registration of electors and for vot- ing by absentee ballot on the question of the prmpo~ed q~estion shall be in accordance with the Colorado Municipal Election Law. Section 6 The votes at said election shall be registered on voting machines and the ballot label shall read similarly to the form of question provided in Section 1. Section 7 The election on the question of the proposed franchise shall be held and conducted, and the votes cast on the question aforesaid shall be returned and canvassed, and the result declared 4n the s~me manner ~nd ss nearly as may be provided by law for the return, canvass and declaration of the result of votes cast at the general election of municipal officers of the City of Aspen. Section 8 The notice of the election on the proposed franchise shall -3- RECORD OF PROCEEDINGS 100 Leaves be published in the Aspen Times, a newspaper published and of general circulation in said city, and a copy of such notice shall be posted at each polling place within the City, at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving such notice containing such information as is required by law. Section 9 If any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, it being the intent that the various provisions hereof are severable. Dated: Stacy Standley III, Mayor I, Kathryn Hauter, duly appointed and acting City Clerk, certify that the foregoing is a true and accurage copy of a Resolution adopted by the city Council at its meeting held , 1975, Kathryn Hauter, City Clerk -4-