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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
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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
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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.
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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