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HomeMy WebLinkAbout1957 Ordinance No. 020ORDINANC.t: NO. 20 S£H I ES OF 1957 An Ordinance by the City of Bn g lewood, State of Colorado , gran t ing to Colorado Central Power Company , its successors and a ss i gns, a franchise authorizing the construction , ac- quisition , maintenance and operalion in and through said City, and all addilions thereto, of plants , works and sy s tem for the manufacture or generation, transmission and distribu- tion of electric energy , and the s ale thereof to said City and to consumers therein, for light , heat . power and o t her purposes by me ans of conduits , cables, poles , wires and any o t her device or means used for, or in , the manufacture or generation , distribution , trans- mission and sale of e l e c Lric energy, constructed in , along, across , over , under and through all streets , alleys . public ways and places in s aid City, and in all additions thereto , and fixing the terms and conditions thereof . Be it ordained by Lh e Cily Councll of Lhe Cit y of .t:nglewood, State of Colorado: S~T ION ONE: T he franchise and right is hereby granted by the City of Englewood, State of Colorado , her e inafter called the '~ity'', to Colorado Central Power Comp~y, a cor- poration , hereinafter called the ·~omp any '', its successors and assigns, for the period here- inafter stated, to locate, build, construct , acquire, extend, maintain and operate into, ithin and through the C ity , and all addilions thereto, a plant or plants , works and sys- tem for manufacture or generation, transmission and distribution of electric energy, and the sale thereof to the City and to consumers t herein , for light , heat , power and other purposes by means of c o nduits , cables, poles, wires, and any and other devices or means used for , or in , the manufacture or g e neration, distribution, tr ansmis sion and s ale of elec- t ric energy , constructe d in , along, across, over, under and through all streets, alleys, pub- l ic way s and places in Lh e City and in all addiLio n s thereto. SECTION l WO: T he Company shall maintain in good order all poles, lamps, wires, and other appurtenances placed in the strecLs, avenues, alleys, and public places in the City. All wires shall be strung and maintained in acco rdance with the National Electrical Safety Code. Af~B ~1~RY rf~~~at~~gs ~~~~~ OS h~~~ ¥gs ~ d gn~u RY it ip ani SURh str~~ts avenues, alleysJinM pu~lig p l aces to tne~P gr1 g inal conattioncsosfife~~'i~v~g~~~~a~t~e~~ssible. Where poles are set in alleys they shall be placed as near side lines as possible. When set in streets, poles shall be placed close to t he curb , if any, between sidewalk, if any, and street. T he right , privilege, and permi ssion is also granted the Company to trim trees located on said streets , alleys , highways , and pu blic g rounds where necessary for safe and proper maintenance of its aforesaid equipment, su bject to the approval of the City. SECTION THREE: T he s aid Company , its successors and assigns , shall so maintain its truclures, apparatus an d cquipme nL, a s to affo1·d all reasonable protection against injury or damage to persons or property therefrom; and the Company, its successors and assigns, will bold the City harmless from any damages, ari sing from the negligence of the Company, its successors and assigns, to pe r sons or property, in the construction , maintenance and operation of the electric system or plant in the Cit y. S~TION FOU R : The right is hereby reserved by the City to place any wires for fire or police alarm purposes upon any poles, or in any conduils , of the Company, provided that the placing thereof does not interfere with the proper use of said poles, conduits and lines of the Company , and provided, further th at t h e Comp any shall not be held responsible for damages or injuries resulting from such use of s a id poles or conduits by the City. SF.cTION FIVE: All rates, rules and regulations applicable to service in the City shall be those in lawful effect from time to time , an d shall at all times be subject to regulation by T he Public Utilities Commission of the State of Colorado, and as i s provided by law. SECT ION SIX: Service by the Comp any s hall be continuous, insofar as may be reasonably possible, interruptions of service by strikes, accidents, acts of God and contingencies be- yond Lhe reasonable conlro l of Lh c Lhc Company e xcepted. SEC T ION SEVEN: T he franchise rights herein granted are granted upon the express condition that th e Cily shall hav e the right and power to purchase or condemn the orks or system of the Company, its successors and assigns, in the City at the fair market val- ue thereof in the manner and in accord with t he terms and conditions now provided by law. S~T ION EIGHT: The City agrees to purchase from the Company, during the term of this franchise, all electric energy u sed by it for light, power, heat and other purposes. SECTION NINE: The franchise ri g ht s and privileges herein granted shall be for a period of twenty -five (25) years from the effec ti v e date hereof. S~TION TEN: If and when this franchise ordinance comes into lawful force and effect, the same s hall supersede the franchise right s and obligations which the Company now has in the City, and said rights and obligations shall be deemed, and t hey hereby are, repealed with the consent of the Company . SECTION ELEV E N: T he Comp any sha ll .file with the City Clerk of the City, in writing , itbin five (5) days after final passage of this Ordinance by the City Council and the approval thereof by the Mayo r of the City, its acceptance of the terms and conditions here- of, and in the e v ent of failure on the part of the Company to file such acceptance as here- in provided, the City Council may, by resolution spread upon the minutes of said Council, declare this Ordinance to be absolutely null and void. PASSED AND APP ROV ED and ordered published t tate o :I ·. ' . 1 I ATTESTATION AND CERTIFICATION: I, J. L. Barron, City Clerk of t h e City of Englewood, Colorado, do hereby attest and cer- tify that at a regular meeting of the City Counci l of the City of Englewood, State of Colorado, held on Monday, June 3 , 1957 , J. £. Wilson, Vic e-President of Colorado Central Power Company, a corporation , appeared before said Co uncil and presented lawful proof of publication in The Englewood Herald and Enterprise, a paper of general publication published weekly in said City, (there being no paper of general circulaLion publis hed daily in s aid City) for a period of no t less than two weeks immediaLcl y prior Lo the said meeting held on June 3 , 1957 , of said cor- poration's intention Lo apply to the said Council a t said meeting for the passage of a franchise ordinance, granting a franc hise to sai d Colorado Central Power Company, its successors and assigns, and that at said time and place said J . E . Wi lson, as such vice-president , presented such proposed ordinance in full in Lhe form of a bill therefor; that thereupon said proposed ordinance was read in full; that thereupon on moti on duly made and seconded, the said City Council unanimously ordered an amendment of the proposed franchise ordinance by substituting a new Section 7 in lieu of the one in Lhe proposed franchise ordinance; that said City Council desiring to further con s ider the g ranting of the rights and privileges sought by said proposed ordinance as so amended, ordered the s ame published in T he Englewood Herald and Enterprise for a period of not less than two wee ks prior to the time -July 1, 1957 -when said ordinance as amended would again be read and puL upon iLs pass a ge . I further attest and certify that at the regular meeting of said Council held on Monday, July 1 , 1957 , proof of publication of said proposed ordinance, as amended , in said paper for a period of not less than two weeks prior to July 1, 1957 , was presented, and that at said meeting said proposed ordinance, as amended, was again read in full , and put upon its passage; that 8 members of the said Council voted in favor of the p assage thereof and that no members thereof voted against its passage. That thereupon the Mayor of said City duly signed his approval of said ordinance. Dated July 1, 1957. (SEAL) i 'ty of-E-nglewoo I , J. L. Barron , City Clerk of the City of Englewood, Colorado, do hereby cer t ify that the above and foregoing Ordinance was introduced and read in full and ordered published as proposed Ordinance for the meetings of June 3 and July 1, 1957, held by the City Council of the City of nglewood, Colorado , on sai d dates and the same was p ub lis hed in the Englewood Herald and Enter- prise, July 4, 1957 , as Ordinance No. 20, Series of 1957. (J~~~~~ ... .--- ~----,------crtyC1.efk 367