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HomeMy WebLinkAboutordinance.council.032-77(Series of f~?7 ) AN ORDINANCE GRANTING A FRANCHISE BY THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, TO HOLY CROSS ELECTRIC ASSOCIATION, INC., ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, CONTRUCT, ACQUIRE, PURCHASE, MAINTAIN AND OPERATE INTO, WITHIN AND THROUGH A PORTION OF THE CITY OF ASPEN HEREIN DESCRIBED, ALL NECESSARY NEEDFUL AND CONVENIENT POLES, POLE LINES, POSTS, WIRES, TRANSFORMERS, GUY POSTS AND GUY WIRES, APPARATUS, APPLIANCES AND WORKS, FOR THE PURCHASE, GENERATION, TRANS- MISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH, SELL AND DISTRIBUTE SAID ELEC- TRICAL ENERGY TO THE INHABITANTS OF A PORTION OF THE CITY OF ASPEN HEREIN DESCRIBED, FOR LIGHT, HEAT AND POWER OR OTHER PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND WIRES STRUNG THEREON, OR OTHERWISE, ON, OVER, UNDER, ALONG, ACROSS AND THROUGH ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES AND OTHER PUBLIC WAYS AND PLACES IN SAID CITY OF ASPEN, AND FIXING THE TERMS AND CONDITIONS THEREOF. of same NOW, THEREFORE, BE IT OF THE CITY OF ASPEN, COLORADO: Section 1 Whenever the word City is shall designate the City of Aspen, WHEREAS, the City and Holy Cross, by agreement dated I · . .~_~? ..... ~ , 1977, have provided for a grant franchise and the electorate of the City have approved the at the general election held November 2, 1976. ORDAINED BY THE CITY COUNCIL hereinafter employed, it Pitkin County, Colorado, the Grantor, and whenever the word Company is used, it shall designate not only Holy Cross Electric Association, Inc., a Colorado corporation, the Grantee, but also its successors and assigns. Section 2 There is hereby granted to the Company the right, privilege and authority to locate, build, construct, acquire, purchase, extend, maintain al~d operate into, within and through all of the said City as the same is now constituted or as the same may be enlarged or expanded from time-to-time, excluding therefrom an area within the following described boundaries: Beginning at a point lying easterly of Block 40 in the East Aspen Townsite, where the easterly extension of the center of Dean Street intersects the center of the Roaring Fork River; thence westerly along the center of Dean Street to the center of South Monarch Street; thence northerly along the center of South Monarch Street to the center of Durant Avenue; thence westerly along the center of Durant Avenue to the center of South Garmisch Street; thence northerly along the center of South Garmisch Street to the center of Cooper Avenue; thence westerly along the center of Cooper Avenue to its intersection with the boundary of the Original Aspen Townsite; thence northwesterly along the boundary of the Original Aspen Townsite to the center of South Fifth Street; thence northerly along the center of South Fifth Street to the center of West Hopkins Avenue; thence westerly along the center of West Hopkins Avenue to the center of South Seventh Street; thence northerly along the center of South Seventh Street to the center of Main Street; thence westerly to the southeast corner of the Villa Annexation, filed August 18, 1972, in Plat Book 4 at Page 270, Pitkin County, Public Records; thence westerly along the southerly boundary of the Villa Annexation to the southwest corner thereof, thence northerly along the westerly boundary of the Villa Annexa- tion to the northwest corner thereof, thence easterly along the northerly boundary of the Villa Annexation to its intersection with the boundary of the Original Aspen Townsite; thence northerly along the boundary of the Original Aspen Townsite to the center of West Smuggler Street; thence easterly along the center of West Smuggler Street to its intersection with the boundary of the Original Aspen Tow~asite; thence southeasterly along the boundary of the Original Aspen Townsite to its intersection with the boundary of the Trueman Neighborhood Commercial Project, filed April 8, 1977, in Plat Book 5, at Pages 70 through 75 inclusive, of the Pitkin County, Colorado, Public Records; thence northeasterly along the boundary of the Trueman Neighborhood Commercial Project to its intersection with the center of Puppy Smith Street; thence southeasterly along the center of Puppy Smith Street to the intersection of Puppy Smith Street projected with the easterly right-of-way of Mill Street; thence southerly along the easterly right-of-way of Mill Street a distance of 63 feet, more or less, to the intersection of the easterly right-of-way of Mill Street with the southwest corner of a tract of land described in Book 193 at - 2 - Page 278, Pitkin County, Colorado, Public Records; thence southeasterly along the boundary of the said Tract of land described in said Book 193 at Page 278 a distance of 120 feet, more or less; thence northeasterly along the southeasterly boundary line of said Tract of land described in Book 193 at Page 278 to the intersection of said southeasterly boundary line projected with the center of the Roaring Fork River; thence easterly and southerly along the center of the Roaring Fork River to the point of beginning; said excluded area being hereinafter referred to as the "Municipal Service Area"; all necessary, needful and convenient poles, pole lines, posts, wires, transformers, guy posts and guy wires, apparatus, appli- ances and works, for the purchase, generation, transmission and distribution of electrical energy, with the right and privilege for the period and upon the terms and conditions hereinafter specified to furnish, sell, and distribute said electrical energy to the inhabitants of the City in all areas, excluding the said Municipal Service Area, for light, heat and power or other purposes, by means of conduits, cables, poles with wires strung thereon, or otherwise, on, over, under, along, across and through any and all streets, alleys, viaducts, bridges, roads, lanes and other public ways and places in said City (excluding therefrom the said Municipal Service Area), and on, over, under, along, across and through any extension, connec- tion with or continuation of the same, and/or on, over, under, along, across and through any and all such new streets, alleys, viaducts, bridges, roads, lan~s and other public ways and places as may be hereafter laid out, opened, located or con- structed within the territory now or hereafter included in the boundaries of said City. Section 3 The Company is further granted the right, privilege and authority to excavate in, occupy and use any and all streets, alleys, viaducts, bridges, roads, lanes and other - 3 - public ways and places described in Section 2 of this Ordi- nance, under the supervision of the properly constituted authority of the City for the purpose of bringing electrical energy into, within and through the City (excluding the said Municipal Service Area) and supplying electrical energy to the inhabitants of the said City (excluding the said Municipal Service Area) and in the territory adjacent thereto outside of the said City, and further to trim or cut down such trees and shrubbery and to control the growth of the same by chemical means, machinery, or otherwise, as may be reasonably necessary to effect said purpose or purposes, provided~ however, that the Company shall so locate its plants, substations, works, trans- missions and distribution structures, lines, equipment and conduits within the City as to cause minimum interference with the proper use of streets, alleys and otherpublic ways and places and to cause minimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said streets, alleys or other public ways and places. Should it become necessary for the Company, in exercising its rights and performing its duties hereunder, to interfere with any sidewalk, pavement, water main, sewer or any other public or private improvement, the Company shall repair or cause to be repaired and restored to its original condition such sidewalk, graveled or paved street, road, alley, water main, sewer, or other public or private improvement after the installation of its poles, conduits or other structures. The Company shall so maintain its structures, apparatus, equipment, poles, wires and conduits as to afford all reasonable protection against injury or damage to persons or property therefrom, and the Company shall save the City harmless from all liability or damage and all reasonable expenses - 4 - necessarily accruing against the City arising out of the negligent exercise by the Company of the rights and privileges hereby granted; provided, that the Company shall have had notice of the pendency of any action against the City arising out of such exercise by the Company of said rights and privi- leges and be permitted at its own expense to appear and defend or assist in the defense of the same. If at any time it shall be necessary to change the position of any pole, conduit or service connection of the Company to permit the City to lay, make or change street grades, pavements, sewers, water mains or other City works, such changes shall be made by the Company at its own expense. The Company shall have the right to make such use of its poles and other property, other than the uses contemplated in this ordinance as it deems proper so long as such other use does not interfere with the supplying of electrical energy. Section 4 The Company shall furnish electrical energy within the corporate limits of the City or any addition thereto (excluding the said Municipal Service Area), to the inhabitants thereof, and to any person or persons or corporation doing business in the City or any addition thereto (excluding the Municipal Service Area), at the applicable and effective rates and under the terms and conditions set forth in the Rate Sche- dules, Standards for Service, Rules and Regulations, and Ser- vice Connection and Extension Policies, on file with or fixed by The Public Utilities Commission of the State of Colorado, jurisdiction in the or by any other competent authority having premises. facilities, Section 5 The Company shall not, as to rates, charges, service, rules, regulations or in any other respect make or - 5 - grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or dis- advantage, provided that nothing in this grant shall be taken to prohibit the establishment from time-to-time of a graduated scale of charges and classified rate schedules to which any customer coming within an established classification would be entitled. Section 6 Company will from time to time during the term of this franchise make such enlargements and extensions of its distribution system as the business of the Company and the growth of the City justify, in accordance with its Standards for Service, Rules and Regulations, and Service Connection and Extension Policies for electric service concurrently in effect and on file with The Public Utilities Commission of the State of Colorado or other competent authority having jurisdiction in the premises. Section 7 The Company, from time to time may promulgate such rules, regulations, terms and conditions governing the conduct of its business, including the utilization of electrical energy and payment therefor, and the interference with, or alteration of any of the Company's property upon the premises of its customers, as shall be necessary to insure a continuous and uninterrupted service to each and all of its customers and the proper measurement thereof and payment therefor. Section 8 As a further consideration for this franchise, and ~ccepted by the City in lieu of all occupancy and license taxes and all other special taxes, assessments or excises upon the conduits, poles, wires or other property of the Company, or other levies that might be imposed, either as a franchise tax, - 6 - occupation tax, Occupancy tax, license tax, permit charge, or for the inspection of meters, poles, conduits or other property of the Company, or otherwise, the Company shall pay to the City a sum equal to three percent (3%) of its gross revenue (exclu- sive of all federal and state excise taxes) derived from the sale of electricity within the corporate limits of the City for electrical energy furnished for light, heat or power, or other purposes. Payment shall be made on or before thirty (30) days after the end of each quarter of each calendar year for the three (3) month period next previous, but shall be adjusted for the portions of the calendar quarters at the beginning and at the end of this franchise. For the purposes of ascertaining or auditing the correct amount to be paid under the provisions of this paragraph, the Company shall file with the Director of Finance of the City, or such other official as shall be desig- nated by the City from time-to-time, a statement, in such reas- onable form as the City may require, showing the total gross receipts received by the Company from the sale of electric energy to consumers located within the boundaries of the City within the preceeding three (3) month period, and the City Dir- ector of Finance and/or any official appointed by the City Council of said City shall have access to the books of said Com- pany for the purpose of confirming the gross income received from operations within said City. In the event the said tax levied herein should be de- clared invalid and/or shall be set aside by a court of competent jurisdiction, then, and in such event, in lieu thereof, the City may thereafter levy any appropriate tax upon the Company, not to exceed in any one calendar year 3% of the Company's gross revenue (exclusive of all federal and state excise taxes) derived from the sale of electricity within the corporate limits of the City for electrical energy furnished for light, heat or power, or other purposes for that year. - 7 - Section 9 This ordinance shall be in full force and effect from and after its passage as by law required, and after approval by the Colorado Public utilities Commission, and the terms, conditions and covenants hereof shall remain in full force and effect for a period of twenty (20) years from and after such approval by the colorado Public Utilities Commission. Section 10 All poles, pole lines, posts, wires, transformers, guy posts and guy wires, apparatus, appliances and works, conduits, plants, substations or other materials or objects pertaining thereto, used or placed by the Company within the City shall be and remain the property of the Company. Section 11 Nothing in this ordinance shall be so construed as to prevent the Company from assigning all of its rights, title or interest, gained or authorized under or by virtue of the terms of this ordinance, with the consent of said City, which said consent shall not be unreasonably withheld. Section 12 The right is hereby reserved to the City to adopt, from time-to-time, in addition to the provisions herein contained, such ordinances as may be deemed necessary in the exercise of its police power, provided that such regulations shall be reasonable and not inconsistent with the rights herein granted, and not in conflict with the laws of the State of Colorado, or with orders of other authorities having jurisdic- tion in the premises. Section 13 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are delcared to be severable. Section 14 A public hearing on the ordinance shall be held on 1977, at 5:00. P . M. in the City June 13 -' 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, colorado, at the City of A.spen on..~e 23rd at its regular meeting ield · day of May ~///__. ~/_/k~__ /.//~ .... , / Yo% / ATTEST: Deputy City Clerk FINALLY adopted, day of ATTEST: passed and approved on the City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE ation, published in 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 ~.~z_~ reading at.a regular meeting of the City Council of the City of Aspen on ~ .~ ~,~ , 197 7., and publish- ed in the Aspen Times a weekly newspaper of general circul- the City of Aspen, Colorado, in its issue of ~L~_ ~,~. , 197-~ , and was finally adopted and approved at a regular meeting of the City Council on ~c /o , 197 ~ , and ordered published as Ordinance No. /~ , Series of 1977 , 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 /~t day of ~ , 197 '? Kathryn ~. Hauter, Ci,ty Clerk