HomeMy WebLinkAbout058 - 07/05/1977 - REQUIRING THE CONSENT BY ORDINANCE FOR FURNISHING ELECTRONICAL SERVICES TO ANY PROPERTY WITHIN THE C ORDINANCE NO. 58 , 1977
BEING AN ORDINANCE REQUIRING THE CONSENT BY
ORDINANCE OF THE CITY OF FORT COLLINS
FOR FURNISHING ELECTRICAL SERVICE TO ANY
PROPERTY WITHIN THE CITY, PROHIBITING OBTAINING
ELECTRICAL SERVICE FROM ANY PERSON OR OTHER
ENTITY NOT HAVING SUCH FRANCHISE TO FURNISH
ELECTRICAL SERVICE, AND ESTABLISHING PENALTIES
FOR THE VIOLATION OF THE REQUIREMENTS
OF THIS ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS
Section 1 Franchise Required Except as otherwise
provided herein, it shall be unlawful to furnish or offer to
furnish to any property in the City any electrical service
transmitted through wires installed or maintained in, on,
under or over any street, alley, sidewalk, easement or other
public place in the City unless the City Council has by
ordinance granted a franchise allowing such service Any
such franchise shall comply with all provisions of Article
XIII of the Charter of the City of Fort Collins and shall
specify the area of the City in which such service is permitted.
Section 2 Obtaining Electrical Service. Except as
otherwise provided herein, it shall be unlawful for any
person to obtain electrical service from any person, firm,
corporation or other entity which is not franchised pursuant
to Section 1 of this ordinance to provide such electrical
service
Section 3. City Electric Utility The provisions of
this ordinance shall not apply to the electrical utility of
the City and that utility shall be authorized to furnish
electric service to any property within the City
Section 4. Annexations Properties within any annexa-
tion to the City may continue to receive electrical service
from any utility previously furnishing such service without
complying with the provisions of this ordinance for a period
of ninety (90) days after the effective date of the annexation.
After the expiration of such ninety-day period, all electrical
service within any annexed area shall be provided in accord-
ance with the provisions of this ordinance. If a franchise
for the furnishing of electrical service within a duly
annexed area is not granted within such ninety-day period,
the City electrical utility shall provide electrical service
to all property within the annexed area in accordance with
the provisions of the ordinances of the City and the rules
and regulations of the City Electric Utility for the furnishing
of such electrical service.
Section 5. Penalty. Any violation of any provision of
this ordinance shall be a violation of the ordinances of the
City of Fort Collins, punishable as provided in Section 1-23
of the Code of the City of Fort Collins Each day upon
which any violation shall continue shall constitute a separate
offense, punishable as such
Section 6. Severability If any section, subsection
or provision of this ordinance or the application thereof to
any person or circumstance is declared unconstitutional or
otherwise invalid by any court of competent jurisdiction,
such invalidity shall not affect the other sections, subsections,
provisions or applications of this ordinance and the City
Council hereby declares that it would have enacted each
individual section, subsection, provision and application of
this ordinance independently and without reference to the
other provisions hereof.
Introduced, considered favorably on first reading, and
ordered published this 21st day of June , A D.
1977, and to be presented for final passage on the 5th day of
July A.D. 1977.
ATTES Mayor
City Clerk
Passed and adopted on final reading this 5th day of
July , A.D. 1977.
4 ATTEST• Mayor
Ci y Clerk-
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