HomeMy WebLinkAbout2013-24 Granting an Non-Exclusive Franchise to Public Service Company of CO Regarding the Provision of Natural Gas Service in the TownORDINANCE NO. 24
SERIES 2013
AN ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO
PUBLIC SERVICE COMPANY OF COLORADO REGARDING THE
PROVISION OF NATURAL GAS SERVICE IN THE TOWN
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town "), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council ") have
been duly elected and qualified;
WHEREAS, the current franchise agreement between the Town and Public
Service Company of Colorado expires on January 31, 2014;
WHEREAS, for Public Service Company of Colorado to continue to provide gas
service in the Town, it needs a franchise from the Town; and
WHEREAS, pursuant to Sections 12.1 and 12.4 of the Vail Town Charter, the
Town Council finds and determines that it is in the best interest of the public health,
safety and welfare for the Town to grant a 20 -year franchise to Public Service Company
of Colorado regarding the provision of natural gas service in the Town as more
particularly set forth in the attached franchise agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The franchise agreement between the Town and Public Service
Company of Colorado, in substantially the form attached hereto, is hereby approved,
and a non - exclusive franchise is granted to Public Service Company of Colorado under
the terms set forth in such franchise agreement, commencing on February 1, 2014. The
Town Manager is hereby authorized to execute such franchise agreement on behalf of
the Town.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Ordinance No. 24, Series of 2013
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December, 2013, and
a public hearing for second reading of this Ordinance set for the 17th day of December,
2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
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P. Daly
ATTEST: ACIee 4 ..
Ta my Na I. Acti�TAO
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 17th day of December, 2013.
Andrew P. Da , a
ATTEST:
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Ordinance No. 24, Series of 2013