HomeMy WebLinkAbout1981-01 Dispute with Holy Cross Regarding Ordinance 49, Series 1978RESOLUTION #I
Series o~.~ 198I }
THIS MATTER came before the Town Council of the `d'own
of Vail, Colorado on January 65 198I at a regularly scheduled
meeting of said Council. Prior to the meeting a disagreement had
arisen between the administration of the Town of Vail and Holy
Cross Electric Association, Inc. concerning the meaning and inter-
pretation of Section 2, Paragraph D, of Ordinance No. 49 (Series
of 1978}, known as the "Town of Vaal -- Holy Cross Electric Franchise
Ordinance". The Town administration took the position that the
section of the ordinance which was in question required Holy Cross
to change or relocate electrical facilities within any easement
servicing the town works or facilities in order to facilitate a
change in the town facility or a relocation of streets, street
grades, pavements, or other utilities adjacent to the easement.
Holy Cross Electric took the position that such provision of the
ordinance only applied to the public ways set forth in the ordinance
itself. Meetings were held between officers of the town and manage-
ment of Holy Cross Electric, at which a settlement of the matter
was reached. Such agreed settlement is incorporated into the
following Resolution, which upon Motion duly made, seconded, put
and carried, finds and resolves as follows:
BE IT RESOLVED that far the purpose of interpreting
and clarifying Section 2, Paragraph D, of Ordinance No.
49 (Series of 1978) granting an electric utility franchise
from the Town of Vail to Holy Crass Electric Association,
Inc., it is agreed:
That Section 2, Paragraph D shall require Holy Cross
Electric Association, Inc. to pay its own costs of changing
the position of any pole, conduit or service connection of
the Company in the event such change is necessary to permit
the Town of Vail to lay, make or change street grades,
pavements, sewers, water mains or other Town works, only
under the following conditions:
1) The change or relocation is made with regard to
r ;~ ~. _ ~ t
pales, conduits ar service connections lying within
public easements as defined and described in Section
2, Paragraph A, of said Ordinance No. 49; or
2) The change or relocation is made with regar.'d
to poles, conduits, or service connect-.ions, the change
or relocation of which shall meet all of the following
conditions:
a) The electrical facilities which are the
subject of the change or relocation must, prior to
relocation or change, lie within an easement granted
exclusively to Holy Cross by the Town of Vail; and
b) Such electrical facilities must, prior to
and after relocation or change, supply electricity
only to a Town-owned facility located on Town-owned
property; and
c) The Town work, facility or project, the con-
struction, reconstruction, removal, repair or revision
of which necessitates the change or relocation of
electrical facilities, must be constructed, reconstructed,
removed, repaired or revised by the Town, using its own
Tawn employees, primarily, other than incidental sub-
contracts of work on the project for minor or specialized
portions of the work, it being the intent hereof that
Holy Cross shall not pay for its relocation costs where
the Town shall hire a general contractor to handle con-
struction of the project, or the Town shall subcontract
out a substantial portion, of the project,
3) Any change or relocation of poles, conduits ox ser~rice
connections made at the request of the Town which does not meet
the specific conditions of paragraphs numbered (1) and {2)
above shall only be made after the Town has agreed to pay '
Holy Cross` actual costs of such change or removal upon comple-
tion of the work by Holy Crass.
Done and to become effective as of ,T,a,,~~r~r F ~ ~~~
the date~on which the Town Council has passed the <~Bove and
foregoing Resolution.
TOWN OF VAIL, COLOR?ADO
BY [~
Mayor ~ ~'
ATTES'T' :
I
I , 4 /
i~I ~~
Tohah er
3 --
l: ~, r
y
f,`'~`
GRELMENT
THIS AGREE~'.~E'iVT is entered into between the Town of Vail,
a Colorado muna.cip~zl corporation hereinafter referred to as
the Town", and Holy Cross Electric Association, Inc., a
Colorado non--profit corporation, hereinafter as referred to
as "Holy Cross", on this day of , 1980.
WHEREAS, a disagreement had arisen between the Town and
Holy Cross concerning the meaning and interpretation of
Section 2, paragraph d, of Ordinance No. 49 (Series of 1975),
known as the "Town of Vail--Holy Cross Electric Franchise
Ordinance", and
WHEREAS, the Town took the position that the Section
of the Ordinance which was in question required Holy Cross
to change or relocate electrical facilities within any easement
servicing the Town works or facilities in order to facilitate
a change in the Town facility or a relocation of streets,
street grades, pavements, or other utilities adjacent to
the easement, and
WHEREAS, Holy Cross took the position that such provision
of the Ordinance only applied to the public ways set forth in
the Ordinance, and
WHEREAS, the parties have compromised their differences
and have reached a settlement of this matter, it is therefore
agreed as follows:
1. Section 2, paragraph d of Ordinance No. 49
Series of 1978) shall be interpreted by the
parties to require Holy Cross to pay its own
costs of changing the position of any pole,
conduit, or service connection of the company
in the event such change is necessary to permit
the Town of Vail to lay, make or change street
grades, pavements, sewers, water mains or other
town works, under the following conditions:
a. The change or relocation is made with regard
to the poles, conduits or service connections
lying within public easements as defined and
described in Section 2, paragraph a, of said
Ordinance No. 49; or
b. The change or relocations made with regard
to poles, conduits, or service connections,
the change or relocations of which shall meet
all of the following conditions:
i. The electrical facilities which are the
subject of the relocation must, prior to
relocation or charAge, lie within an easement
granted exclusively to Holy Cross by the Town
of Vail.; and
ii. S~:ch electrical facilities must, prior to
and after relocation or change, supply
electricity only to the town-owned facility
located on town-owned property; and
iii. The Town work, facility, or project, the
construction, reconstruction, removal, repair
or revision of which necessitates the change
or relocation of the electrical facilities,
must be constructed, reconstructed, removed,
repaired, or revised by the Town, using its
own Town employees, primarily, other than
incidental subcontracts of work on the
project for minor or specialized portions of
the work, it being the intent hereof that
Holy Cross shall not pay for its xelocation
casts or the Town shall hire a general
contractor to handle construction of the
projects, or the Town shall subcontract
out a substantial portion of the project.
2. Any change or relocation of poles, conduits, or
service connections made at the request of the
Town which does not meet the specific conditions
herein above set forth in Paragraph No. 1 shall
only be made after the Town has agreed to pay
Holy Cross's actual costs of such change or
removal upon final completion of the work by
Holy Cross.
THE PARTIES have signed this Agreement this
day of , 1980.
TOWN OF VAIL, COLORADO
By:
Richard Caplan, Town Manager
HOLY CROSS ELECTRxC ASSOCIATION
By:
ATTEST:
President
By:
Secretary