(a)
Right
and Privilege of City.
The right and privilege of the
City to construct, purchase, or condemn any company facilities located
within the territorial boundaries of the City, and the company’s
rights in connection therewith, as set forth in applicable provisions
of the constitution and statutes of the State of Colorado relating
to the acquisition of public utilities, are expressly recognized.
The City shall have the right, within the time frames and in accordance
with the procedures set forth in such provisions, to purchase company
facilities, land, rights-of-way and easements now owned or to be owned
by the company located within the territorial boundaries of the City.
In the event of any such purchase, no value shall be ascribed or given
to the rights granted under this franchise in the valuation of the
property thus taken.
(b)
Notice
of Intent to Purchase or Condemn.
The City shall provide
the company no less than one year’s prior written notice of
its intent to purchase or condemn company facilities. Nothing in this
section shall be deemed or construed to constitute consent by the
company to the City’s purchase or condemnation of company facilities.
