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HomeMy WebLinkAbout1978-29 Authorizing the Granting of a Franchise to Holy Cross Electric Association IncRESOLUTION NO. ~~~ Series of 1978 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL AUTHORIZING THE GRANTING OF A FRANCHISE TO HOLY CROSS ELECTRIC ASSOCIATION, INC., FOR TWENTY YEARS, COMMENCING ON JANUARY 1, 1979, AND IMPOSING AN ANNUAL FRANCHISE FEE OF THREE PERCENT (3~), AS MORE FULLY SET FORTH TN ORDINANCE NO. 49 (SERIES OF 1978); AGREEING TO THE TERMS AND CON- DITIONS OF THE RESOLUTION OF THE BOARD OF DIRECTORS OF HOLY CROSS; AND SETTING FORTH DETAILS RELATING THERETO WHEREAS, the Board of Directors of the Holy Cross Electric Association, Inc., met on November 8, 1978, and adopted a resolution relating to a franchise between the Town of Vail and Holy Cross, a utility occupation tax for the year 1978, and specified other terms and conditions relating thereto; and WHEREAS, the Town Council has considered said resolution of the Holy Crass Board of Directors, the agreement proposed therein, and the specified terms and conditions; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT. 1) The Town Council hereby authorizes and directs that Holy Cross Electric Association, Inc., be granted a franchise for the use of the public streets and ways within the Town of Vail as more fully set forth in Ordinance No. 49 {Series of 1978}. 2) The Town Council specifically agrees to and accepts the terms and conditions numbered 1, 2, 3, and 4 of the resolution of the Board of Directors of Holy Cross Electric Association, Inc., as stated in the Certificate of the Secretary of said Board, dated November $, 1978. 3) It is agreed that the franchise is subject to review and approval by the Public Utilities C~x~u~rission of the State of Colorado. 4) Upon execution of this resolution by the Mayor and the Town Clerk, the Town Clerk is authorized and directed to for- ward a certified copy of this resolution to the Board of Directors of Holy Crass Electric Association. Res• • Pag'R INTRODUCED, READ, APPROVED, AND ADOPTED, tha.s 5th day of December, 1978. w s Mayo r ATTEST: Town Clerk i ~ • CERTIFICATE OF SECRETARY ~ . I, GEORGE W. LOESCH, do hereby certify: 1. That I am the duly appointed, qualified and acting Secretary of Holy Cross Electric Association, Inc. 2. That a regular meeting of the Board of Directors of Holy Cross Electric Association, Inc. was held November 8, 1978, and that a quorum of said Board of Directors was present and acted throughout, 3. That the following is a true and correct copy of a Resolution duly ~~~: adapted by said Board of Directors at said meeting, as entered in the minutes of said meeting, to-wit: ` RESOLVED: That this Association formally request the enactment by the Town of Vail of a franchise ordinance granting a franchise to this Association commencing January 1, 1979 and for a period of 20 years thereafter, providing for a franchise fee of 3 percent of gross revenues, substantially in the form of the proposed franchise ordinance attached hereto and by reference made a part hereof, all subject to the approval of the Public Utilities Commission of Colorado, this request being subject to the following terms and conditions: 1. Simultaneously with the enactment of such franchise ordinance, the Town of Vail shall also enact a utility occupational tax ordinance only for the calendar year 1978 providing for a tax for such calendar year in the amount of $78,000, to be paid by this Association to the Town of Vail. 2. This Association agrees not to surcharge such utility occupational tax to its consumers within the Town of Vaii provided that both the above ordinances are enacted simultaneously, in accordance with the procedures set forth in Section 4.10 of the Charter of the Town of Vail prior to the end of the calendar year 1978. 3. That the Town of Vail, by its acceptance hereof, admits liability to this Association for the repayment of the amount of $37,920.61, which represents utility occupational taxes collected by such Town from this Association for the period from December, 1976 through December, 1977. 4. That upon enactment of the above ordinances, as stated herein, and approval of the franchise ordinance by the Public Utilities Commission, this Association shall pay to the said Town the amount of the 1978 occupational tax, as specified herein, and simultaneously therewith the said Town shall repay to this Association the aforesaid amount of 37,920.61. Such exchange of payments shall be made within 30 days following approval of the franchise ordinance by the Public Utilities Commission, and the amounts of such payments shall not be subject to interest or penalties thereon. FURTHER RESOLVED, that the above and foregoing resolution of this Association is to be presented to the Town of Vail immediately hereafter as an offer of agreement, and this Association hereby requests acceptance hereof at the next regular meeting of the Town Council of such Town, whereupon such acceptance resolution shall be delivered in writing to the management of this Association forthwith, and the terms and con- ditions hereof shall become binding upon this Association and the Town of Vail. Dated this 8th day of November, 1978, at Glenwood Springs, Colorado. WITLESS my hand and official seal. Georg' W. Loesch, Secretary of Holy Cross Electric Association, Inc.