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HomeMy WebLinkAboutordinance.council.026-86 OR DI NA NC E NO. :'-'~)k:: (Series of 1986)-- A ORDINANCE APPROVING AN UNDERGROUND RIGHT~F-WAY EASEMENT AGREE- MENT BETWEEN HOLY CROSS ELECTRIC ASSOCIATION, INC. AND THE CITY OF ASPEN, COLORAOO, PROVIDING FOR THE CONSTRUCTION, REPAIR, MAINTEN- ANCE AND OPERATION OF AN UNDERGROUND ELECTRIC TRANSMISSION CR DIS- TRIB UTION LINE, OR BorH, TO BE LOCATED ON THE C ITY~WNED "THOMAS PROPERTY", SETTING FORTH THE TERMS AND CONDITIONS FOR THE GRANTING OF SUCH UNDERGROUND EASEMENT, AND AUTHORIZ ING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL OTHER DOC UMENTS NECESSARY TO GRANT SAID EASEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council an Und ergro und Rig h t-o f-Way Easement Agr eenen t bet ween Holy Cro ss 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, to be located on the City-owned "Thomas Property", a copy of which agreement is annexed hereto and made a part hereof. NOO, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 Easenent Agreanent, 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 transnission or distribution line, or both, and does hereby authorize the Mayor to execute said a:jreement and .' such other docunents approved by the City Attorney as may be necessary to accomplish said sale on behal f of the City of Aspen. Section 2 If any section, subsection, sentence, clause, phrase or por- 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 val idity of the remaining pJrtions thereof. Section 3 ----.-.- Nothing in this ord inance shall be construed to affect any right, d ut y or 1 i ab il ity under any ord inances in effect pr ior to the effective date of this ordinance, and the same shall be con- tin ued and co ncl ud ed und er such pr ior ord in ance. Section 4 A public hearing on the ordinance shall be held on the ~~3 _ day 0 f __~;#~____________' 1986, in the City Council Chamber s, As pen Ci t Y Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as prov ided by law of the City Council of the City of Aspen on the /.j.L__ day of '>J.'J~~ -------7f-i:!:.:.~-=;'f-.:.------- -----, /' ' . .:// ./ v 1986. y~~~ Wilfiaffi-r:;:':'St"irl ~~----- ATTEST: 0/LdM --- och, City Cl er k 2 I j . ""Xi FINALLY adopted, passed and approved thlS .......:2Li::..___ day of ..~...-_,\ ; \ . __________________,_~~~~~-----' 1986. ,/,/ ,;.'" ~'./ iIiTam-L~.-StI~f ifig ;-Mayor ATTEST: - -~~- Koch, City Cl er k an \, 3