HomeMy WebLinkAbout057 - 07/05/1977 - RELATING TO THE MAINTENANCE AND INSTALLATION OF WIRES, CABLE OR OTHER EQUIPMENT FOR THE TRANSMISSION ORDINANCE NO 57 , 1977
BEING AN ORDINANCE RELATING TO THE MAINTENANCE
AND INSTALLATION OF WIRES, CABLE OR OTHER EQUIPMENT
FOR THE TRANSMISSION OF ELECTRIC CURRENT IMPULSES IN,
ON OR OVER STREETS, ALLEYS, SIDEWALKS AND OTHER PUBLIC
WAYS AND PLACES IN THE CITY AND REQUIRING A FRANCHISE
FOR THE SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. General Provisions. It shall be unlawful
to maintain or install any wires, cables or other equipment
for the transmission of electric current impulses in, on,
under or over any street, alley, sidewalk or other public
place in the City, or to maintain or install any pole or
mast to support or hold such wires or equipment in any such
place without having fully complied with the provisions of
this ordinance.
Section 2. Franchise or Permit. After the effective
date of this ordinance, no such wire, cable, pole or other
equipment shall be installed or maintained over, on or under
any such place unless pursuant to Article XIII of the Charter
of the City of Fort Collins a franchise has been granted for
such installation or maintenance. In order to permit the
necessary time to obtain a franchise pursuant to Article
XIII of the City Charter, any facilities described in Section
1 which exist on the effective date of this ordinance may
continue to be maintained for a period of one hundred eighty
(180) days after the effective date of this ordinance without
the requirement of a franchise
Section 3. Any franchise granted pursuant to this
ordinance shall comply with all requirements of Article XIII
of the Charter of the City of Fort Collins and shall specify
the fee to be paid for the franchise, the purpose of the
facilities to be maintained or constructed under the franchise,
and the manner in which any such facilities shall be installed
or maintained. The franchise shall also specify the location
in which any facilities may be installed or maintained and
may provide for areas annexed to the City after the date of
the franchise
Section 4 Effect of Franchise. Any franchise granted
under this ordinance shall only permit the installation and
maintenance of lines and other facilities upon the public
ways designated in the franchise and such franchise shall
not be construed to permit the furnishing of electric service
to properties within the City, but the furnishing of any
such service must be the subject of a separate franchise
granted in accordance with the applicable ordinances and the
Charter of the City of Fort Collins
Section 5. Supervision. It shall be the duty of the
Director of Engineering Services or his designee to supervise
all construction or installation work performed subject to
any franchise granted under this ordinance and to make such
inspections as may be necessary to insure compliance with
the provisions of the franchise, this ordinance and other
applicable ordinances of the City of Fort Collins
Section 6. 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 install
lines and facilities in accordance with the other applicable
ordinances of the City of Fort Collins and the rules and
regulations of the City electric utility.
Section 7 Effective Date This ordinance shall go
into effect and be effective from and after the first day of
August, 1977.
Section 8 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 9. 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 rune , A D.
1977, and to be presented for final passage on the 5th day
of July A.D. 1977.
AT7ST 4ayor --
City Clerk
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Passed and adopted on final reading this 5th day of
July A.D. 1977.
ATTEST. Mayor
Zi y erk
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