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HomeMy WebLinkAboutordinance.council.040-86 ORDINANCE NO. ~O (Series of 1986) AN ORDINANCE APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT BETWEEN HOLY CROSS ELECTRIC ASSOCIATION, INC. AND THE CITY OF ASPEN, COLORADO, 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 "LOT 1, ASPEN GOLF COURSE SUBDIVISION", SETTING FORTH THE TERMS AND CONDITIONS FOR THE GRANTING OF SUCH UNDERGROUND EASEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO GRANT SAID EASEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the city Council an Underground Right-of-Way Easement Agreement between Holy Cross 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 "Lot 1, Aspen Golf Course Subdivision", a copy of which agreement is annexed hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 That the City Council of the City of Aspen does hereby approve that Underground Right-of-Way Easement Agreement, 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 transmission or distribution line, or both, and does hereby authorize the Mayor to execute said agreement and such other documents approved by the City Attorney as may be necessary to accomplish said grant of easement on behalf of the City of Aspen. section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. section 3 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 ordinance. Section 4 public hearing on the ordinance shall be held on the~ day of ~ ' 1986, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. the INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by City Council of the City of Aspen on the ~ day of ~ ' 1986. 2 ATTEST: /'," ~ -;d -,/'/~L ~ ~~~ ~William L. Stirling, Mayo FINALLY adopted, passed and approved this ~~ay of , 1986. ATTEST: ~~~ 3