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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- -2-