HomeMy WebLinkAboutresolution.council.026-75RECORD OF PROCEEDINGS
100 Leaves
RESOLUTION NO. 26
(Series of 1975)
WHEREAS, the City Council, after considerable deliber-
ation, has found that the acquisition by the City of the Holy Cross
Electric Association facilities used to service in-city residents
will enhance the public health, safety and welfare, and
WHEREAS, the City of Aspen, pursuant to the provisions
of its Home Rule Charter, authorized by Article XX of the Colorado
Constitution, is specifically empowered and required to serve the
electric energy needs of the residents of the City of Aspen by its
municipally owned electric distribution department, and
WHEREAS, the City Council wishes to direct its adminis-
trators to continue negotiations for purchase, but to further per-
mit acquisition by condemnation in the event said negotiations
fail,
NOW, THEB~FORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
?hat the City Manager is authorized to negotiate with
Holy Cross Electric Association (HCEA) for the purchase from
HCEA of (1) all line facilities owned by HCEA within the City of
Aspen as the City limits now exist, (2) all facilities that would
be necessary for servicing in-city residents even if their joint
operation would be necessary by the city and HCEA to continue
the service by HCEA of its out-of-city residents, and (3) that
tract of land presently occupied by HCEA as a garage and storage
site near Mill and Spring Streets, containing 1.15 acres more or
less.
RECORD OF PROCEEDINGS
100 Leaves
Section 2
That for the purpose of conducting the negotiations
described in Section 2, the City Manager is authorized to employ
real estate appraisers, engineering consultants, legal counsel,
condemnation specialists, and any other experts which, in his
judgment, are necessary to assist him in conducting said
negotiations.
Section 3
That if the City Manager is unable to purchase said
property by negotiation, ~e is further authorized to institute
eminent domain proceedings to acquire immediate possession of
any and/or all of said properties, which immediate possession is
hereby deemed necessary, and ultimately to acquire, on behalf of
the City, any and/or all of
necessary.
Section 4
said property interest as shall be
That the Director of Finance, city Clerk and all other
officers and agents of the City are authorized and directed to
cooperate with the city Attorney, and any special counsel retained
by the city, in the prosecution of the eminent domain proceedings,
and to make such deposits and payments as may be necessary and
proper or required by Court order to obtain immediate possession,
and to pay costs thereof, and further, to pay any awards as may
be finally ordered by the Court, provided that all such monies
have been first fully appropriated by the City Council and that
the ultimate decision to finally pay any such award (or to
abandon proceedings) shall be retained by the City Council.
Section 5
That the City Attorney, or any special counsel retained
-2-
RECORD OF PROCEEDINGS
100 Leaves
for this purpose, is authorized to employ additional legal counsel
and expert witnesses as may be necessary or desirable for the
purpose of bringing and concluding such eminent domain proceedings,
and the Director of Finance is authorized and directed to pay costs
and expenses of employing such persons, provided that all such
monies paid have been first fully appropriated by the City
Council.
Dated:
Stacy Standley III, Mayor
I, Kathryn Hauter, duly appointed and acting City
Clerk, certify that the foregoing is a true and accurate copy
of a resolution adopted by the City Council at its meeting held
, 1975.
Kathryn Hauter, City Clerk