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Home My WebLink About1948 Ordinance No. 010B y !. £ !. !!. .£ l!, 1 !. !, • 0 R D I N C E No. 10 ! ! ! ! ! ! of 1948 "AN ORDINANC E G~A.iW ING A FRANCHISE BY THE CITY OF EN GW/O OD TO PUBLIC SERVICE COUP.ANY C2 COLORAUO, ITS SUCCESSORS Al'H) AS S I GNS , TO LlCATE, BUILD, CONSTRUCT, ACQUIRE, PtJRCh ASE, L{'f11...;?m, ? iAD:TAI:T &!:::> CPERAT".:!: I NTO , WITHnr AND THROUGH THE CITY OF ENGLEWOOD, A.RAP AHO E c omrTY I COLI in )C I A PLANT OR PLANTS, AND WORKS, FOR THE PURC HASE ,l.lANUF AC• RE, rR&'{SlU&:>Im: AND AND DI STR I BU TION OF GAS, EITHER NATURAL, '8'.l'IFICIAL OR MIXED, AND TO FURN I SH , SE LL AN'D DISTRIDUT~ SAID GAS TO TH E CITY OF mCLEWOOD, AND THE INHABI• T.WTS T!CHE OF , FOR F.E ATD7G, C O O KI ~:G , OR OTIER PURPOSES BY MEANS OF PIPES , 1:AINS, OR CYI'lCRWISE, OVJ-::R, IDID ER, AL < NG, ACROSS AND THROUCJI J.N'l AND ALL S'l'REETS, ALLEYS, VIADUCTS, BRIDGES, RO A.I S, LAN!!:S, ?U lLIC 1./AYS AND PLACF.S I :i'i SAID CITY OF ENGLEWOOD, AND FIXING : TER .lS AND CO~D ITIONS THSREOF. BE rr ORDAIN ED BY THE CITY ommOIL OF TH R CITY OF ENGLEWOO D, ARAPAHO E COUNTY, COLORA.:)0 1 ARTI CLE l. "lhenever t he word City is hereinafter employed it ehall desi gnate the City of Englewood, .lrapahoe Coun t y , Col ~rado, t he grantor, an d whenever •he word Company is used it is intended to includ e not only Pu b lic Servi ce Company of Colorado, a Colorado corporation, the grantee, but also ita aucceasore and assi gn s. ARTICLE 11 SECTIO• 1. There i s hereby g ranted to th e Company t he right, privileg e and authority to locate, build, construct, acquire, purchase, ext end, maintain and operate into, within a.nd through said City a plant or plants an d work s, tor the purchase, manufacture, transmission and distribution ot gaa, either n a tural, artificial or mixed, wi t li the ri@lt and privilege for the period and uplll the terms and conditions hereinafter sp e cified to furnish, aell and distribute said gaa to the City, end t he inh ab it ant• thereof, for heating, cooking or ot her purposes, by means of pipes, mains , or otherwise, over , under, al.in g , across and through any and all stree ts, alleys, via- ducts, bridees, r oad s, l an e s, and pub lic ways and places in said City and over, under, along, across an d thro u r~ any ex t e n sion, con nect ion or continuation of the same and/or over, under, along , across a nd throu1•h any an d all such n ew streets, alleys, viaducts, bridge s, roads, lanes and public ways and p lac e s as cay be hereafter laid out, opened, located or constructed with- in the t e r ritor y now or he r e after includ ed in the boundaries of said City. om p any is fu rth e r g r ant e d t he r ight , privilege and authority to excavate in, occupy and use any end all streets, alleys , viaducts, bridges , roads, lanes, parkways, and public ways and plac es unde r· th e sup e rvision of properly oonst1 tuted auth ority for the purpose of brinc ing gas i nto, ~i thin an d through the Ci t y of Bnglewood anu supplying gas to said City and the inbab it<mts t hereof and i n th e t e rritory adjac e nt th e reto, provided, however, that the Conpany s ha ll so l ocate its p l ~nts, wo r ks, trnnsmission and distribution structures, equipment, mains and p ip e s wi th in s 1id City as to cause minimwn int e rferenc e with the proper use of streets, allPys .i.md ot he J public ways an d p l a ces an d t o cause minimum int e rference with the rights or r e ason able c onv eni ence of prop erty own ers whose prop e rt y adjoins any of the said atreeta, alleys, or other pu b lic W{lys an d plac es. Sh ou l d it be come n e c e ssary for the Company, in e xcercising its rir)l ts and p e r :orming its duties hereunde r, to i nt e rfere with any sidewalk, g raveled or p~v ed stre e t s , r oads or alleys, or any other pub lic or private improvement, th e Com o any shall r epair in a wor kn'l nli ke mann r r suc h si <lcwa l ks , ~r nv e l ed or paved stre e t, road, alley, or other improv eme nt a rt e r the in s t a llation oi' it s pip e s or other structure s. The Company aball use due care n ot to int e rfere with or dama t:•e any wat e r mains, aewere, or other structures now in or bich he r e after be placed in sai d s treets, alleys, or public places. Company s hall so construct, op e rate and maintain its structure s, apparatus, mains, pipe and oth e r equ i'lI!lent as to af f ord all r Pa sonable protection against injury or damage to p ersons or p r o pe rt y t h ere from , anJ t he Co mpan y s ha ll save the City harmle ss from all liability or damag e accruing a gainst s ai d City arising out of the n ep,lig e nt exercise by the Company of the r i gh t s and privilege s he r eby r..rant e d ; prov ided that th e Company shall have h~d notic e of the pendency of any action a c a i ns t t he Cit y arising out of such exercise b y the Company ot said rights an d privilece s and p e rmitt c l ~tits own expense to appear and defend or ae s ist in the de~ense of th e same • • I!' at an y time it s ha ll b e necessary to change the position of any gas n1 ain or serYice conne ction of t h e Com;:>any to permi t the City to lay, make or change street grades, pavements, sewe rs, wat e r mains o r oth e r City wor ks, suc h ch'3.ll ge s shall be made by th e Company at its own expense . 5 . Any buildin g which may be ere cted b y sai d Company for the purpose specified herein shall be located i n such pl~ces as s h all be approved by the City Council of s a id City or ~nglewood, un4er ordinance or resoluti on of sai d City Cou ncil, but this section appli e s only to building o r plant tor the manufacture of artif icial g as. . 4<l2 a .. ARrICLE III. ------· l • The natural ga to be supplied hereunder shall contain a monthly aierage groaa heat- ing value or not leas than 950 3 .t.u. per cubic foot when t e sted at 60 F,, saturated with water vapor and under a pressure of 30 inohes of mercury. SECTION 2. If during the term of this franchise th e r e occurs a failure or partial failure ot the supply of natural g as available to Campany because of the depletion of such supply, the Company shall ta k~ all r e asonable steps to obtain an additional natural gaa supply tro,;! other sources to be delivered to the Company, and it unable to procure same it is h ereby authorized to supply artificial or mixed gas tor the unexpired term of this franchise. If Company within a reasonable period after the failure or the supply of natural gas shall fail to supply to its customers either artificial and/ or mixed g as the tranchise ri ~hts granted h erein sh a ll terminate. ARTICLE IV. SECTION 1. The Company shall furnish gas within the corporate limits of the City or any addi- ti on thereto, to the City and to th e inhabi tan ta thereof, and to any person or persons . or corporation doing business in the Cit y or ml"' ad d ition thereto, at the rat e s and un- d e r the terms and Jondi t Hms set forth in the Rde Schedules, Standards for Service, ; ._, Rules and Regulations, and Se rvic e Connection and Extension Policies, filed with of fix- ed by the Public Ut ilities Co1JI!lissi o n of the State of Colorado, or by any other compe- tent authority having jurisdicti on in the premises. SECTION 2. 'he Company shall not, as to rat <'s , charge s, service, tacilities, rules, regulations or in any other resp ec t make or g rant any preference or advantage to any corporation or pereon or sub ject ar.y corporation or person to any prejudice or disadvant age , provided that nothinr in t h is grant sh a ll be take n to prohibit the establishment from time to time of a g raduated scale of chargesand classified rate schedules to which any customer com- inP: •1 thin an estab lished classificati on would be entitled. I ON 3 . The rat es t o be ch a r ged by s aid Company for industrial gas used in said City may be :. lower and different froc those charge d for eas used for other purposes, provided that con- trac ts for industrial g :is contain a " cut-off" clause which recognises the preferred right ot the other use ove r in l ust r i a l uses . SLCTI C~ 4 • Comp'ln y wiJ from time to tim1' during the t erm of this franchise make such enlarge~ ·. menta end extensions of its dist r ibution syste. s as the business of th e Campany and the rowth of the City justify, in ac c ordanc e wi th ite St a ndards for Service, Rules and Regu- lati ons, an l .:)PrvicP Co nnection and Extension Policies for las service concurrantly in ef- fect and on file with the Pub l ic Util14 le s Commission of the State or Co l orado or other comp etent auth ority hav i n1· jurisdiction tn the premises. e Company from tine to time may promul.ea tP such rules, r egulations, terms and condi- tion e g overning t he con duct of its business includinr, the utilization of gos and payment theretdr, and the int erference with, or altPration of any of the Company's prope rty upon the premises of ite customers, as shall be necessary to insure a continuous and uninter- eupt e d servic e to e ach and all of its customers and the prope r measurement thereof and payment th <'r<'fo r, provi d ri d that the Comp-my shall keep on file inits offic e , available to the public , copies of it e n at e Schedule s, .:Jta ndar ;.s for Servic e , Rules and Reg ulations and Service Co mecti on and Ext ensidm Po licies concurrently in effect and as tiled with the Public Utilities Commiss ion of ttie State of Colorado or other competent authority having jurisdiction in the premises. Copies ther e of shall be filed with the City Clerk of Engl ... wood . ARTICLE V. 1. A.a a furbter considPration for t his franchise, ani accepted by the City in lieu of all oocupanoy and lic e nse taxe s and all other special taxes, assessments or excis•s upon the pipes, mains, meter s, or othe r property of the Company, or oth e r levies that might be impo•- et, either as a fr anchise tax, occupanc y tax, or for the inspection of pip es , mains, meters , or other property of th e Company , or otherwi s e , th e Company ehall pay to the City a sum e Gua l to on f' percent ( 11') of its annual gross r evenue derived from the ale of g as within · . th e corporate limits of the Cit y , excludinB the revenue rec e ived from the sale of induatrial s.e, and aft e r adjustment for the net write -off of uncollectible ac c ounts and correction• or bills theretofore r endered. The minimum annual p ~yment to be made hereunder shall be two thousand dollars ()2000 .00) for each full calender year duri ng the term of this franchise hich uinimum shall be adjusted for the portions of the years at th e begining and expiration of this francr.1 se . Su ch payme nts shall be made on or befor th e first daJ of lll arch of each year for the calendP.r year ne st previous, adjusted for the portions of the year at the be- ginning and expirati on ot this franchise. F or the iurpose of ascertainine or auditing the cor- rect amount to be paid under the provisi ons of this paragraph, the City Clerk end/ or any committee a ppointed by th e City Council of said City shall have acceaa to the books of aaid Ccmpan y for the purpose of checking the gross income received from operations within said Cit7. I I I 'I . ·I AR'l'ICLE VI • This ordinance shall be in tull toroe and ettect, trom and atter ita paa•age, apprOYal and publication, as by law required, and upon acceptance thereot in writing by the Ccap Pml7 within ten (10} day• trom and atter tinal publication, and the terma, condition• and cOYe- n•t• hereot ahall remain in tull toroe and ef'tect tor a period ot twenty (80) years trom and atter •aid etf eotiTe date. SECTIOll 2. Upon the expiration ot this franchise, it the Canpany ahall not haTe acc.uired an extension or renewal thereot and accepted same, it may haTe, and it i• herebJ granted, the right to enter upon the streets, A.lleys, Bridges, viaducts, roada, lanes and other public place• ot the City, tor the purpose or remoTing theretraa any and all ot ita planta, atruo- turea, pipea, mains, conduita, or otherwise pertaining thereto, at sn y time atter the City has had ample time and opportunity to purchase, condena or replace them. In ao removing said pipea, mains, or other prop e rty, th P. Canpany shall, at its own expense, retill an' exoaTa- tion• that •ha l l be made by it in the atreeta , alleya, bridges, Tiaduota, roada, lanea and other public places and ahall leave the s 13me in aa good condition aa that prevailing prior to woh remOTal. pllI<S ·~ Nothing in this ordinance shall be so construed as to prevent the Company trom Jal aaaigning all of' ita rights, title or interest, gained or authorized under or by Tirtue ot the tel'ID8 ot thi• ordinance. SIO'l'IOS '· 'l'be right is hereby reaened to the City to adopt, trom time to time, in addition to the provisions herein contained, such ordinances as may be deemed necessary in the exe~ -oise of' ite police power, provided that such regulations shall be reasonable and not de- atruot1Te of' the right• herein granted, and not in contliot •1th the lmra ot the state ot Colorado, or with orders of' other autborit1ea having juri•diotion in the prem1aea. Paned on Firat Reading by the City Council ot the City at Englewood, Colorado,thia 14th day ot Jun e , A.D. 1948, and ordered publiahed in the Englewood Enterpriae. P ... ed on Final Read ing by the City Council of' the City ot Englewood, Colorado, thi• 12th day ot July, A• D. 1948. MS¥ or atr8t: STA.TE OF COLOR.A.JO ) COOfti CF ARAP'110E ) S.S CITY OF ENGLEWOOD ) I, E. E • .Anderson, City Clerk and Recorder ot the City ot Englewood,County ot Arapahoe, State of' Colorado, do hereby certity that the above and to~ going Ordinance was introduced, and read in tull, and on reaolution was ordered publiahed aa a proposed ordinance tor the meeting ot June 14, 1948, held by the City Council on aaid date and aame wu published June 24, 1948, in the Englewood Enterprise, and tor aore than ten daya thereafter and at uubaequent meeting ot the City Council held J'uly 12, 1948, • .U ORDINANC E GRANTING .&. FRANCHISE BY 'mE CITY OF ENGI.EWOOD TO PUBLIC SERVICE C<MPAMY OF COLORADO, rrs SUCCESSORS AND ASSIGNS, TO LOCATE, BUIID,CCNSTRUC'l', .ACQUIRE, PURCHASE, EXTEKD, MA.Ill'ril?f dD OPERA.TE Dn'O, WITHIN A!ID '!RROUGH THE OI'l'Y OF ENGLEWOOD, ARAPAHOE COUB'l'Y, OOLO- lW>O, .&. PLAE' OR PLANTS, AND WORKS, FOR 'mE PURCH.&SE, MANUFAO'l'URB, 'l'RAWSUSSIOB ARD DISTRDV BO'?IO!f " GAS, EITHER NATURAL, A.TRIFICIAL OR MIXED, AND ro :rtTRNIEli, SELL ilD DISTRIBU'l'E 811D GAS '1'0 'l'II E CITY OF ENGLEWOOD, AND 'ME INH ABI'l'AN'l'S '7..!.EREOIP, F<E HEATING, COOKING, OR O'l!lm PURPOSES BY MEANS OF P IPF.S, MAINS, OR O'IHEHVISE, OVER, tJmlER, ALONG, ACROSS ilD 'l'HR<XJCll Aft AND jl.L 91.'REETS, ALLEYS, VIADUCTS• BRIDGES, ROADS, LANF.B, PUBLIC WAYS AND PLACES D SAID cm OF DGLE\70 00. AND FDCING 'mE TEIMS A!ID CONDITIClfS 'lBEREar ·" ftrat Publication lune 24, 1948 Pinal Public at ion J'uly, 15, 1948. ~4d'. vmc .. ~ 444·