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TC Ord. No. 1989-13ORDINANCE NO. 89-13 AN ORDINANCE AMENDING A GASEOUS FUEL FRANCHISE GRANTED BY THE TOWN OF AVON, EAGLE COUNTY, COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS Be it ordained by the Town Council of the Town of Avon, Eagle, County, Colorado: Section I. Ordinance No. 83-20 Series of 1983, pertaining to the Public Service Company franchise is hereby amended as follows: A. Article V, Section 1. Franchise Payment is repealed and re-enacted as follows: Section 1. Frar.ch;.s.e__.Pavr.er.t. -4.s a further- --cons i-dera-t-io-n for this franchise, and accepted by the Town in lieu of all occupation and license taxes, charges and all other special taxes, assesm.ents, excises or other impositions levied by the Town on the right to do business or upon the pipes, mains, meters, or other property of the Company, or other levies except use taxes or any pernit charge or inspection fee that :night be irposed, either as a franchise tax, occupation tax, license tai:, or otherwise, the Company shall pay to the Town as franchise payments a sum equal to three percent (3%) of the annual gross revenuES derived fron the sale and transportation of gas, to each customer at one location. The Company shall pay the franchise _fee amount on a monthly basis payable on or befor/e the thirtieth (30th) day of each -onth, for the duration of the franchise agree,-lent, for the imi-ediately preceeding month. 0 0 Initial and final payments shall be prorated for the portions of the months at the becinning and end of this franchise. Adjustments for any overpayr*.ent or underpayment previously made shall be corrected with the immediately following r.:onthly payment. For the purpose of ascertaining or auditing the correct amount to be paid under the provisions of this paragraph, any official or authorized agent of the Town shall have access to the books of the Company for the purpose of checking the gross revenue received fro.:. operations within said Town. It is understood that pay:nent of such franchise charge does not excuse the Company fro,r, pay-ment of either sales and use taxes, or property taxes, as such taxes are levied fron. time to time. The Company shall be required to obtain any Excavation pErr..it, or building permit, if required by Town regulations and pay fees required to obtain the permit, such payment to be in addition to franchise payments. The term "gross revenue" as used herein shall be construed to meat, any revenue derived under authorized rates, temporary or perr..anent, w thin. the Town from the sale and transpcrtation of gas after the net write-off of un.collectible accounts and corrections to bills theretofore rendered. B. A new Section: 2 of Article V is Cnacted as follows: Section 2. Cha- e_ of Franchise FeE ar.d Other Franchise 'ler.:s. once during each c=lendar yE.ar of the franchise term, the Town Council, upon giving thirty (30) days notice to the Company of its intention so to do may review and change the consideration the Town r,ay be entitled to receive as a part of the franchise; provided, however, the Council nay only chanaE the consideration to be received by the Town under tie terms of this franchise to the equivalent of the consideration paid by the Conpany to any city or town in the State of Colorado in which the Company supplies cas servicE under franchise. The Company shall, upon request, report to the Town within sixty (60) days of the execution of a subsequent franchise or of any change of franchise in other municipalities that could have a sicnificant financial impact on the consideration tc bE paid the Co-:par-y to the Town hereunder. If the Town Council decides the consideration 'shall be so chanacd, it shall provide for such change by ordinance; provided, however, that any change in the franchise fee is then allowed to be surcharged by the Company; and provided, further, that the consideration is not higher than the highest consideration paid by the Cor::pany to any municipality within the State of Colorado. For purposes of Lhis Section, consideration -:eans the franchise fee established in ~'.rticle V, Section 1, and also includes any othe_- provision which 4-1-- of S4 significant financial_ benefit to the Town. Section II. This Ordinance is deer^.ed necessary for the protection of the health, safety and welfare of the citizens of Avon. Section III. If any article, section, paragraph, sentence, clause or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the rernaining portions of this Ordinance. The Town Council hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any one part or parts hereof be declared unconstitutional or invalid. INTRODUCED, READ THE TOWN COUNCIL OF Seitember , READ, PASSED AND THE TOWN COUEICIL OF October A!7D PASSED THE TOWN 1989. ADOPTED O THE TOWN- 19:9. 0! OF r1 S OF FIRST READIIIG AT A REGULAR MEETING OF AVON, COLORADO, this 12th day of ECO;'D READING AT A REGULAR MEETING OF AVON, COLORADO, this 10th day c` r ayor Town Clerk/ APPROVED AS TO FORM: ° PU3LISHED: 1 -~~ke4 .2 'V NOTICE OF PUBLIC HEARING OF ORDINANCE AMENDING A GAS FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO PUBLIC NOTICE IS HEREBY GIVEN that at the regular meeting of the Town Council of the Town of Avon, Eagle County, Colorado, at 7:30 p.m. in said Municipality held on October 10, 1989, the attached proposed franchise amendment of said Town of Avon, amending a gas franchise to Public Service Company of Colorado as therein provided, will come before the Town Council of the Town of Avon for further consideration as to its adoption and passage, as provided by law. Said franchise amendment was introduced and read for the first time at the regular meeting of said Town Council held on September 12, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Municipal Seal this 13th day of September 1989. 6 al" - Town Clerk PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO HELD ON SEPTEMBER 12, 1989 The Town Council of the Town of Avon, Eagle County, Colorado, met in session at a regular meeting on September 12, 1989 at 7:30 p.m. in said Municipality. Present: Mayor Allan Nottingham and Council Members: Jerry Davis, Jim Stovall, Mike Bennett, Gloria McRory, Albert Reynolds David Garton Deput Doroth Gallegos and Town CYlerk: Y Absent: Public Service Company of Colorado, acting by , its Franchise Mountain Division, then requested the Council to introduce a proposed ordinance amending Ordinance No. 83-20, Series of 1983, entitled: AN ORDINANCE AMENDING A GASEOUS FUEL FRANCHISE GRANTED BY THE TOWN OF AVON, EAGLE COUNTY, COLORADO TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS It appearing that all necessary steps had been taken to enable the municipality to permit the franchise amendment applied for to be introduced and read for the first time at this meeting, the Mayor directed the Town Clerk to read in full or by title the proposed franchise amendment to the Council and after the same had been read it was moved by Councilwoman McRory , seconded by Councilman Bennett that the proposed franchise amendment be passed on first reading and that this Council desired to further consider the proposed franchise amendment and that copies of said proposed franchise amendment and a NOTICE OF PUBLIC HEARING OF ORDINANCE AMENDING A GAS FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO be published in the Vail Trail, until the time such franchise amendment is again read and put upon its passage at the regular meeting of the Town Council on the 10th day of October, 1989. The question, of passage on first reading of the franchise amendment, being out to vote, Allan Nottingham, Jerry Davis, Jim Stovall, Mike Bennett, Gloria Mc Rory, Albert Reynolds, David Garton voted aye, and voted nay, and the franchise amendment was duly passed on first reading. ,A C/c`ha'&e''-2 DEPU Town Clerk PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO HELD ON OCTOBER 10, 1989 The Town Council of the Town of Avon, Eagle County, Colorado, met in session at a regular meeting on October 10, 1989 at 7:30 p.m. in said Municipality. Present:_Mayor Allan R. Nottingham and David Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis and Patricia J. Doyle its Town Clerk. Absent: None The Town Clerk presented to the Council the affidavit of the editor and/or publisher of the Vail Trail as to publication of the NOTICE OF PUBLIC HEARING OF ORDINANCE AMENDING A GAS FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO- and of`the'proposed franchise-amendment--entitled: AN ORDINANCE AMENDING A GASEOUS FUEL FRANCHISE GRANTED BY THE TOWN OF AVON, EAGLE COUNTY, COLORADO TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS Said affidavit stated that said notice and said proposed franchise amendment were published in the entire and regular issue of the Vail Trail, on September 22, 1989, which affidavit of publication was ordered made a part of the records of the Town Council. Said NOTICE OF PUBLIC HEARING OF ORDINANCE AMENDING A GAS FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO franchise amendment had been introduced and read regular meeting of the Council held on September next regular meeting of the Council on October franchise amendment would come up before the Coui it as to its adoption and passage as provided by The Mayor directed the Town Clerk to states that the proposed for the first time at the 12, 1989, and that at the 10, 1989, such proposed icil for consideration by law. again read the proposed franchise amendment to the Council and after the same had been read for p the second and final time, it was moved by Councilwoman McRory , seconded by Councilman Reynolds that such proposed franchise amendment be now passed and adopted as an ordinance of the Municipality. The ayes and nays being called, the following voted aye, David Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerrv Davis and the following voted nay, None It appearing that a majority of all the Council members voted aye, said Ordinance was declared passed and adopted by the Town Council of the Municipality and was numbered as Ordinance No. 89-13. Gloria McRory , member of the Council, directed that the Ordinance which had just been passed, upon its signing by the Mayor, be recorded in the- Ordinance= Book- and authenticat-ed- a:n-such- book-=b-y- the signatures of the Mayor and Town Clerk, and that the Town Clerk issue a certificate as to the proper introduction, reading, publication, and passage of said Ordinance, and that said Ordinance be published, together with such certificate as to proper procedure, in the Vail Trail on October 20, 1989. • 0 CERTIFICATE OF CLERK AS TO INTRODUCTION, PUBLICATION, PASSAGE AND SIGNATURE BY MAYOR OF ORDINANCE NO. I, Patricia J. Doyle , the duly qualified and ,A)6AIiAol Town Clerk of the Town of Avon, Eagle County, Colorado, certify that the annexed Ordinance No. 89-13 of said Municipality amending Ordinance No. 83-20, Series of 1983 of the Town of Avon which pertains to the Public Service Company franchise was read in full or by title at the regular meeting of the Town Council of said Municipality, held on September 12, 1989. That thereafter said Ordinance No. 89-13, as introduced and read, after having been published in the Vail Trail, on September 22, 1989, prior to the time when such franchise amendment was to be again read, was again read at a regular meeting of the Town Council of said Municipality on October 10, 1989, and after so being read was by a majority vote of all the Council members of said Municipality by aye and nay vote, regularly passed and adopted as Ordinance No. 89-13, That after said Ordinance was passed and adopted by the Town Council of said Municipality, it was presented within 48 hours after passage to Allan R. Nottingham , the Mayor of said Municipality, and was immediately signed by the Mayor and attested by me as Town Clerk under the Seal of the Municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Town of Avon, Eagle County ~o-irado, on October 10, 1989 4 own ~Cler 0 • CERTIFICATE OF CLERK AS TO RECORDING AND AUTHENTICATING OF ORDINANCE NO. I Patricia J. Doyle the duly qualified and aic/Vi ,fig' Town Clerk of the Town of Avon, Eagle County, Colorado, certify that on October 10, 1989 , I did cause to be recorded in the Ordinance Book of the Town of Avon, Ordinance No. 89-13 amending Ordinance No. 83-20, Series of 1983 pertaining to the Public Service Company franchise, as signed by Allan R. Nottingham Mayor, and attested by me as Town Clerk, under the Seal of the Municipality, which Ordinance so signed and attested and recorded in the Ordinance Book was authenticated in the Ordinance Book by the signature of the Mayor and of myself as Town Clerk of said Municipality under the Seal thereof. Dated at the Town of Avon, this 10th day of October 1989. l Tom C1eir k CERTIFICATE OF CLERK AS TO TRANSCRIPT OF ALL PROCEEDINGS I, Patricia J. Doyle the duly qualified and acting 'Town Clerk of the Town of Avon, certify that the foregoing transcript of all proceedings relative to the passage and adoption of Ordinance No. 89-13 of the Town of Avon, Eagle County, Colorado, is a full, true and correct copy and transcript of all affidavits and other papers on file in my office and a full, true and correct copy and transcript of all minutes and records of said Municipality relative thereto: 1. Proceedings of the Town Council of said Municipality dated September 12, 1989, relative thereto; 2. Affidavit of the editor and/or publisher of the Vail Trail, as to the publication of the attached NOTICE OF PUBLIC HEARING OF ORDINANCE AMENDING A GAS FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO and of the proposed franchise amendment, in full, on September 22, 1989; 3. Proceedings of the Town Council of said Municipality dated October 10, 1989, relative thereto; 4. Signed copy of Ordinance No. 89-13 attested by myself as Town Clerk; 5. CERTIFICATE OF CLERK AS TO INTRODUCTION, PUBLICATION, PASSAGE AND SIGNATURE BY MAYOR OF ORDINANCE NO. 89-13 ; 6. Affidavit of the editor and/or publisher of the Vail Trail, as to publication of Ordinance No. 89-13 with certificate of myself as Town Clerk as to passage and signing by Mayor attached thereto; 7. CERTIFICATE OF CLERK AS TO RECORDING AND AUTHENTICATING OF ORDINANCE NO. 89-13 ; IN WITNESS WHEREOF, I have affixed my hand at the Town of Avon, Colorado, on nr•+-nber 10, 4:92g and attested the same with the Seal of said Municipality. 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N C 0 N O 0 N L c d CO 3 0, m d U Q o C ~ N -d N N t' O ~ O N ID4 U ~ Q. C) lo~ U 0 Q N A O 4-) U O WI o` r c O U c 0 O c d m m 0 D O E 3 a C d O .Q J N .Q X C O E O U w STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) 0 NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON OCTOBER 10, 1989, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO, FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 89-13, SERIES OF 1989• AN ORDINANCE AMENDING A GASEOUS FUEL FRANCHISE GRANTED BY THE TOWN OF AVON, EAGLE COUNTY, COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business-hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 12th day of September, 1989. TOWN OF AVON, COLORADO BY: A-16 Deputy 'Pown Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 13th , 1989. THE MAIN ENTANCE TO THE POST OFFICE THE MAIN ENTRANCE TO CITY MARKET THE C-MART, INC.; and THE MAIN LOBBY IN THE MUNICIPAL BUILDING .:~?'-~~ei'"~°.-':~"RF-:`.`r'vap`:~:TO?'a,~'•.~+-•-~-e. •..--~r~r-.•-mss,-~-•. ~ - - - -