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HomeMy WebLinkAboutordinance.council.008-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1976) AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY PROVIDING FOR A PROGRAM TO ACCOMPLISH THE SIMULTANEOUS UNDERGROUNDING OF THEIR RESPECTIVE FACILITIES WITHIN THE CITY; -RECITING THE REASONS FOR SUCH UNDERGROUND CONVERSIONS; REQUIRING THE CITY TO ASSUME ITS COSTS, AND FURTHER PROVIDE MOUNTAIN STATES WITH TRENCH AND EASEMENTS FOR ITS FACILITIES; FURTHER PROVIDING THAT THE CITY SHALL REIMBURSE TO MOUNTAIN STATES ITS EXCESS CABLE, DISCONNECT AND CONNECT, AND SUPERVISORY COSTS; ESTABLISH- ING PROCEDURES FOR INITIATING INDIVIDUAL PROGRAMS; PROVIDING MANDATORY CONTRACT PROVISIONS FOR THE LETTING OF CONSTRUCTION CONTRACTS; PROVIDING THAT THE AGREEMENT SHALL BE FOR AN IN- DEFINITE TERM AND TEP~INABLE WITH SIX (6) MONTHS NOTICE; AND CONTAINING MISCELLANEOUS PROVISIONS WITH RESPECT TO ASSIGN- MENT, 2STOPPLE, WAIVER, AND SEVERABILITY WHEREAS, the City Council has been presented with an Agreement providing an arrangement whereby the City and Mountain States Telephone and Telegraph Company may simultaneously under- ground their overhead facilities, all terms of which Agreement are acceptable, ~OW, ~HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby ratify and approve the proposed Agreement, attached and incorporated by this reference, and does further authorize the Mayor, Stacy Standley, III, to execute the same on its behalf. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such in- validity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. RECORD OF PROCEEDINGS 100 Leaves Section 3 A public hearing on this ordinance shall be held on the _~_~day of ~'~6~-L~,~ , 1976, at 5:00 P.M. 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 meet- ing held _February 23 , 1976. KATHRYN S~HAUTER, CITY CLERK 1976. RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) sS. CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on /~.~/~ reading at a regular meeting of the Cit~ Council of the City of Aspe~ on ~**--~. *~3 197__~, and published in the Aspen Times, a weekly-newspaper of genera], circulation, published in the City of Aspen, Colorado, in its issue of .-v~ ~%~ ~, 197~,__ and was finally adopted a~approved at a regular meeting of the City Council on /J~~ ~ , 197~, and ordered published as Ordinance No. ~ , Series of 197~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this /~ ~ day of ~/~_/~9/~ ~ , 197 ~. Hauter