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.