Ordinance 2007-1527 - Laserfiche WebLink

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WHEREAS, Section 14-1 of the City Charter provides that the granting, renewal or amendment of any franchise shall be by ordinance of the City Council; and WHEREAS, the City Council finds that the City's grant of a franchise to the Company in accordance with the terms and conditions of the Franchise Agreement is in the best interests of the City and its citizens, and will serve to meet utility service related needs of the community; and WHEREAS, the City Council further finds that the City's approval of the associated Street Lighting Agreement and the Right of First Purchase Agreement are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLOI2AD0: Section 1. The City Council hereby approves the proposed Franchise Agreement by and between the City of Louisville,, Colorado and Public Service Company of Colorado in the form of such Franchise Agreement; accompanying this ordinance as Attachment 1, and hereby authorizes the grant of franchise therein contained subject to and upon the terms and conditions of said Franchise Agreement. Section 2. The Mayor and City Clerk are authorized to execute the Franchise Agreement on behalf of the City, such execution to be on or after the effective date of this ordinance and subject to the requirement that Public Service Company of Colorado shall have first executed and delivered the same, the Street Lighting Agreement, the Right of First Purchase Agreement, and the letter regarding Section 1.8 of the Franchise Agreement. Section 3. The City Council hereby approves the proposed Street Lighting Agreement by and between the City of Louisville, Colorado and Public Service Company of Colorado in the form of such Street Lighting Agreement accompanying this ordinance as Attachment 2, and further hereby approves the Right of First Purchase Agreement in the form of such Right of First Purchase Agreement accompanying this ordinance as Attachment 3. Section 4. The Mayor and City Clerk are authorized to execute the Street Lighting Agreement and the Right of First Purchase Agreement on behalf of the City, such execution to be on or after the effective date of this ordinance. Section 5. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 2