Minutes 01/23/1990 - Laserfiche WebLink

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238 ' TUESDAY, JANUARY 23, 1990 in this policy the Electric Terms and Conditions will have to be amended. Mr. Aron and his father-in-law, Mr. H. E. McCollum from whom he had recently ac- quired the property, were present, but Mr. Douglas K. Frith, his attorney, spoke on their behalf. Mr. Frith noted that when the property was purchased by Mr. McCollum in [965 and recently acquired by Mr. Aron, they did not know that there was an easement for this power line through the property. Upon checking into this matter, the only map available showed the easement along the property line rather than through the middle of the lot, therefore, the City should relocate the pole and line to the location as shown on this map at the City's expense. The City Administration contended that the power line was installed in 1935 by APCo, the City had done some upgrading of the system in 1973-74, but the pole had not been moved at any time. Mr. Frith contended that the power line and poles were not in the same location on this property as they were when purchased in 1965 by Mr. McCollum. According to City Attorney David WOrthy, there was no question about the City having an easement for this line from the date of purchase of the facilities and easements from APCo to 1965 at the time that the reserved strip was subdivided into lots. However, Mr. Worthy indi- cated that the City should produce proof by map or other means verifying that the poles and lines were now in the same Iocation as they were when the re- served strip was subdivided into lots in 1965. Responding to a recommendation by the City Manager, motion was made, duly seconded and approved by a vote of 3 to 1 (Councilman Cole voted "no"), in which Council approved a compromise arrangement of splitting the cost of $3,565.80 in half with Mr. Aron to relo- cate the line and poles, subject to Mr. Aron giving the City a proper easement for the relocation of the pole and line..