Article I. LA PLATA ELECTRIC ASSOCIATION, INC.  


§ 1. Grant of franchise:
§ 2. Definitions:
§ 3. Term of franchise:
§ 4. Exclusion from franchise:
§ 5. Effective date:
§ 6. Franchise fee:
§ 7. Payment of fee refundable:
§ 8. Contract obligation:
§ 9. Supervision by city manager:
§ 10. Adequate supply at lowest reasonable cost:
§ 11. City review of construction design:
§ 12. Compliance with city requirements:
§ 13. Installation and maintenance of facilities:
§ 14. Permanent relocation of franchisee's facilities:
§ 15. Non-interference with public works:
§ 16. Restoration of service:
§ 17. Underground electric lines:
§ 18. Compliance with climate and pollution laws:
§ 19. Technological and efficiency improvements:
§ 20. Service to new areas:
§ 21. Reports in operations of franchisee:
§ 22. Bills:
§ 23. Joint use:
§ 24. Annexation to the city:
§ 25. City held harmless:
§ 26. Financial responsibility:
§ 27. Payment of expenses incurred by city in relation to franchise ordinance:
§ 28. Breach of contract:
§ 29. Consent of city required:
§ 30. City's right to purchase or condemn:
§ 31. Negotiated purchase price or condemnation award:
§ 32. Continued cooperation by franchisee:
§ 33. Limitations on franchisee's removal:
§ 34. Forfeiture:
§ 35. Right of first refusal:
§ 36. Changing conditions:
§ 37. Amendment to franchise:
§ 38. No waiver:
§ 39. Successors and assigns:
§ 40. Representatives:
§ 41. Reimbursement of costs:
§ 42. Severability:
§ 43. Entire agreement:
§ 44. Third-parties:
§ 45. City approval:
§ 46. Franchisee approval:

AMENDED
ORDINANCE NO. 2012-13

AN ORDINANCE GRANTING A FRANCHISE BY THE CITY OF DURANGO, COLORADO, TO LA PLATA ELECTRIC ASSOCIATION, INC., ITS SUCCESSORS AND ASSIGNS, PROVIDING THE RIGHT TO FURNISH, SELL AND DISTRIBUTE ELECTRICITY TO THE CITY AND TO ALL PERSONS, BUSINESSES AND INDUSTRY WITHIN THE CITY; GRANTING THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID CITY ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE ELECTRICITY WITHIN THE CITY; GRANTING A NON-EXCLUSIVE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AS HEREIN DEFINED, AS MAY BE NECESSARY TO THE EXERCISE OF SAID RIGHT; FIXING THE TERMS AND CONDITIONS THEREOF; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City has requested an expression of interest from companies desiring to own and operate electric utilities within the City of Durango and, in response thereto, has negotiated a proposed franchise with the party responding to such request, La Plata Electric Association, Inc.; and

WHEREAS, the negotiated Franchise has been reviewed and evaluated by the City staff and the staff has recommended to the Durango City Council that the proposed Franchise be approved, subject to approval of the electorate as required pursuant to Article IX, Section 1 of the Charter of the City of Durango, Colorado; and

WHEREAS, the City of Durango has reviewed the legal, character, financial and technical qualifications of the proposed Franchisee, La Plata Electric Association, Inc., in full proceedings providing due process, and is desirous of awarding a Franchise for electric service to said applicant;

NOW, THEREFORE, THE CITY OF DURANGO HEREBY ORDAINS: