HomeMy WebLinkAbout1938 Ordinance No. 0043
BY AUTH ORITY
DI NANCE SE''HES OF 1938
)Ron· At'C E APPR OVING THE TERMS AND CONDITIOt !S OF AN AGREEMENT BETWEEN
T "~ CI TY OF Ef'Gl EW OO D AND COl ORAD O CENTRAl POWER COMPANY, AUTHORIZING THE
.. ,A r ~ AT'D rr·E CI TY Cl ERK TO EXCUTE SAID AGRF :F:ME NTON BEHAlF OF THE CITY AUTH ·:-
~I ZP'G T 'T~ !'IS H I ~S Al OF THE CONDEr.tt lAT ION PROCE EDING ~lO W FENDi tr G H ' THE
Ut'T D ~D gT A T~S DISTRI CT C0U RT, REPEAi ING THE RESOIUTi n N AUT HOR IZED T4E IN-
'"'TI I I n rr n F SA! D P ROCE !•'CI NS AND DECl AIR ED AN EMERGEtTCY.
''l4 EREAS, The city Council of th e City of Englewo~d desires to reach
a settlement with the Colorado Central Power Company, amicably adjustment
of differ e nces that have arisen b etween the co .n pany and the city, by dis-
missing, with prejudge , the conde .a nation preceeding heretofore instiution
prec e eding by the city against the Colorado Central Power Companyand now pending
in the United Stat es District Co ~ti. b y giving the power company assurance
that it will be pe r mitted to c ontinue serving the power to city without
interference and withou t co1np e tit ion until the expiration of its present
franchiseon or b e f ore the 11th day of October, 1945, and by repealing the
proceedings hereinbefore ado p t e d authorizing the inst j t i on of said con-
denmation p r oceedings , all in conp ee•taDion of the paym e nt bp the pow e r
comp any to the city of the s u m of Five thousand Seven Hundred r.ifty Dollars
(15,750 ,00):
\'P-{ERF.AS , an agreement embodying the terms of such settlem e nt has been
repared and has been submitt ed to the city Council at this meeting; and
W'1 EREA~, the Ci ty Counc il has fully considered the terms and conditions
of said a g re em ent:
1 ~3E F f R E
DE IT ~10AJ ME D RY Tl fE CITY COUNC II OF T H~ CITY OF ENGlEWO OE , COlORADO:
rr~· 1. That the terms and con d itions of said agreement, dated as ot the
8 t h d ay of rr ovembe r, 1 938 , be and they are hereby approved, and the Mayor
a n d the City Clerk of the C i ty of Englewood by and they hereby are authorized
and d irected to execute said a g ree ment on behalf of the city of Englewood
and affix thereto the c orporate seal of the city
SECTI ON2. That the City Attorney and the fir .a of Pershing, Nye, Bosworth
and Dick, of Denver , attorn eys appearing for the City of Englewood in the
conde .. matio ~ p roceedings ent i tled: "City of Englewood vs. Colorado Central
Power Company, et al." b eing case No. 10686, in the United States District
Court for th e Dis trict of Colorado, be and they are hereby aut ~orized to
excute a st ipu lation authorizing the dismissal of said action, with prej~di••
to any other su i t institu~ion in that or any other courtprior to the 11th day
of Oc tober, 1945, having f or its purpose the condemnation of any of the pro-
perty of the Colorado Central Power Cpmpany.
~EC T I~N 3. That the r esol ution adopted by th e City Council of the city of
Engl e wood on or abou t the 9 th day of ~eptember, 1935, authorizing the institution
of condemnati on p roce e dings be ~nd the s ame hereby is repeale d .
SECTJ OfJ 4: That by r e ason of the necessity o f effecting a prompt settlement
between the city and t h e Colorado Central Power Company of differences that have
arisen, it is hereby declared that this ordinance is necessary for the imm-
ediate o r e servat i on o f the public peace, health and safety.
Intr od uced, read and o rdered Publish ed this 28th day of November, 1938.
fina ll w Fa~£e d ~p proved and o rder ed publi s hed this/// day of o<f_L_,.L.,, ~'
A. D. :9 3 0 .
Atte s t:
ST ZT E OF COI GRAD O)
COO fTTY OF ARA f A ~O:::) SS.
CI TY OF ST'GI EWOOD)
1 , Charles H . S .1i t h , City Clerk and recorder of the city
of Englewood, County of Arapahoe, State of Colorado, do hereby certify that
the above and foregoing ord inan ce was introduced and read in full, and on re-
solu~ion w~. ordered published as a pro p osed ordinance ~or the meeti~g of
: .>-1, fq3f , held by the City Council on said date and aa;:{was
--· ------ood Herald and Enterprise in its issue of I
. -~ , and for more than n days therea ter and at a subse~uent
t h e Cith Council h e ld . , " AN ORD I NANCE APPR OV I NG
A; D _:'".JJD ITI ONS OF At; AGRE :•:!A 2VT BE WE iJ THE CITY OF ENG l EWOO!> AUD
:-1 ,..1A DC' CEr·r -J,J r ow:::R C0 MF AiJ Y . AUT '-;O RIZ ING THE ~.l AYOR AND THE CITY Cl ERK TO
E X~u TE SAI D J.~T~.:£;,o;-r :T r rr BStfAI F OF THE CIT Y ~UT"i O-:IzI NG THE DIS :.i I ~SAL OF Tf..JE
p~rc t.:~o r ;1 ag trow rEN DING IN THE INSTITUTI ON OF THE UNITED STATES
'.1EfEA l rrm 1 HE RE S0 1 UT I ON AUT 1-fO RIZING THE INSTITUTI ON OF SAID
Dl~Cl I !UNG AH E :.l E~n ENC Y." c:Lcit~
City Clerk --
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