HomeMy WebLinkAbout1929 Ordinance No. 012B Y A U T H 0 R I T Y -----------
0 R D I N ~ N C E N O. 12, S E R I E S 0 F 1929.
Ali ORDINANCE GRA.N'TING A FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO,
ITS SUCCESSORS ~D ASSIGNS, TO CONSTRUCT, PUBOIUSB, MAINTAIN AND OPBRATE
PLAUT OR PLANTS OR WORKS FOR THE PURCRASB, M.UUJ'ACTURE, GBllBRATION, "
TRANSMISSION .1ND DISTRIBUTION OF ARTIFICIAL AID BATURAL GAS AND TO PURBISH,
SELL AND DISTRIBUTE SAID PRODUCTS TO THK CITY or BBQLBWOOD AND THE I.NHABITAITS
THEBB01 FOR HEAT, POWER AND OTHER PURPOSES BY llJIANS 01 PIPES, MAINS AND
CONDUITS OR OTHERWISE, OVER, UNDER, ALONG, ACROSS ... THROUGH ALL STREETS,
ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES, PUBLIC WAYS AND PLAOBS IN SAID
CITY OP ENGLEWOOD, PIXING THE TERUS AND CONDITIONS THEBBOP AND PROVIDING
10R RATES.
HERJU.8, Public Service Company of Colorado has perfected arra .~ngementa :
for aupplJing artifical and natural· gas to the people of the CitJ of Jngle~
wood, provided a franohise be granted to said Oompa117 and provided a schedule
or rates whioh would 3uatify its expenditures on this aooount, be established
for a term of twenty (20) years, and
WHBRBAS, said Public Servioe CompanJ of Colorado muat construot a distrib-
uting SJBtem to provide for natural gas and must agree to pay a fixed and
unchanging prioe for suoh natural gas throughout •aid period of twentJ (20)
1eara.
liOW, THBREPORE, BB IT OBDAilfBD BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD:
SECTION 1. The franchise and right is herebJ granted bJ the CitJ of
Englewood (hereinafter oalled City) to Public Service Company of Colorado
(hereinafter called CompanJ), its succesaora and assigns, to locate, build,
oonstruot, purohaae, maintain and operate into, within .and through said City
a plant or plants, and works, for the purohaee, manufacture, generation, -
tranamisaion and distribution of artifioial and natural gaa, or either
thereof, for heating, power or other purpoaee, with the right and privilege
for the period and upon the terms and conditions hereinafter specified to
furnish, sell and distribute either of said products to the Ci~y 'l?ld the
inhabitants thereof. by me .ans of pipes, mains, conduits or otherwise over,
under, along, across and through any ~d all streets, alleys and public WaJS
and places in said Citv And on. over, under, along. aoross and through an1
extention, connection with or continuation of the &Ame and over, along, across
and through any and all such new streets, alleJB, public ways and places as
may be hereafter lAid out. opened, located or constructed within the territorJ
now or hereafter include d in the boundaries of SAid City.
S~CTIOH 2. The Comnany shall have the right to exoavate in, occupy and use
&DJ tUld all streets, alleys, public ways and places under the supervision of
properly constituted authoritJ.
S~CTION 3. Al, 0 uch lines as the eaid ComnAn7, its successors And assigns,
mq now or hereafter coostruct shall be a prol)er-. sufe and good quality of
material for the purpose for which the samf are to be used, and shall be
buried, places and let into the earth to a 'sufficient depth and in a good
workmanl~' manner, and all service lines must be 09nstructed to the propertJ
lines by the said Comnany , its successors or assigns, at the company's expense.
s~r.TTOH 4. Ho ~ipea or mains shall be laid nearer than four (4\ feet from
&DJ water main except where such pipe or main cross each other, nor shall any
pipe or main interfere with ~ny present sewer or other public improvement in
said streets, lanes or alleys: but suid Caat>Rlly, its sucoessors and assigns,
shall have the right to extend said pipes across any and all sewers.
S~CTION 5. ~~id CompanJ, its successors and assigns, shall, at least ten
(10) days before work shall be sta~ted under this ordinAllce, place. and at all
times, keep on file with the CitJ Clerk, plans showing the location of each
of said pipe line or lines and the size.
::)ECTION 6. ADJ building which may be e·rec ·,ed by said Company for the purposes
speoified herein shall be located in suoh p~aces as shall be approved bJ the
CitJ Council of said City of Englewood, under ordinance or resolution of said
CitJ Council, but this section applies only to building or plant for the
manuf a cture of a rtificial gRs .
3ECTION 7. No manholes or other fixtu res or upp li uno es shall .extena above
the tl rade line of the streets , ulleys or publio ground where the same may be ~~1
situated .
dECTION 8. The opening of any and all streets, alleys and publio plBoes
by the gr•ntee. its agents or employees, and the laying A.nd direoting by
them of A.DJ 0 nd all mRins. nipes or other fixtures ~nd ~PDlinnoes, under
And by virtue of this ordinfllloe, shAll •t All times be eubjeot to fl.Jld under
auch rules And regul•tions as the CitJ ~ ·~~~,, mRy from time to time •dopt,
lllld Rll streets. Rlleys nnd public PlRcee opened under •nd nursuAnt to the
provisions of this ordinance. sh~ll be restored within a reABOn"ble time
thereRfter to as good condition AS they were before such opening WA.a made.
l!tlld ssid streets. alleJR And Dublio DlAoes Ahall not be unneoessArily obstructed
at •ny time. It being further Provided thnt the grA.Dtee. its successors nnd
ASsigns. shall use every precAution for the s 0 fet1 of the nublic at ~11 openings
or eXORVations made in s~id srteet. Avenues and alleys within said CitJ of
F.nglewood. fllld shall erect dRilger RignalR around all openings to proteot
»eraons And animals from f~lling therein. and ehall further protect Aaid
o~eninga by red lights during the night time, in R sufficient nwnber to
PlRinly mark All such openings or obstructions.
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SECTION 9. That the City of Englewood •hall be in no wise liable or respon-
sible for any aooident or damage that Dl&J acour in the construction, operation
or maintenance of the gas plant or distributing mains, or pipes and attachments
thereto, which are utilized by virtue of this franchise; and the acceptance of
this grant shall be an agreement on the part of said grantee, its successors
or aesigns, to save the said Cit7 harmless from and against any and all liability
loss, default or misconduct of the grantee whereb7 aooident or damage 18 incurred
through the construction, operation or maintenance of such gas plant, pipes
and attachments; that the aaid grantee shall 1mmediatel1 indemnify and repay
to said Cit7, all oost, judgements or other expenses which said Cit7 may be
compelled to pay by reason of such default, neglect or misconduct of said
grantee, and if any final judgement by reason thereof shall be recpvered
against said Cit7, the recovery thereof •hall be final as between said Cit7
and said grantee and conclusive aa to the liability of the latter to the former
provided, however, that aaid grantee shall have had notice of the pendency of
any action against the Cit7, arising from such accident or damage and permitted
at its own expense to appear and default or aeaiat in the defense of the same.
SECTION 10. Natural or artificial gas furnished by said Company, its auooeseora
or assigns. shall be sold and distributed upon meter service, and the Cit7
reserves the right at any time to teat the accuracy of an7 meter in service
and the qualit1 and pressure of the gaa furnished, by a competent officer or
agent appointed for that purpose by the Cit7 Council.
SECTION 11. In consideration of and as oompenaation for the granti~ of
this franchise, the Comp~ will supply and distribute artificial and/or
natural gas to the City and its inhabitants beginning within one year from
the effective date hereof; (the initial distribution system shall be as
shown on the map heretofore filed and now on file with the Cit7 Clerk);
will contract with the Colorado Interstate Gas Company for a supply of
gaa from a large reserve acreage of gas leaseholds in the State of Texas
to be made available for future use of the Cit7 and its inhabitants, and
other towns, oitiee and places to be served by the pipe line of said
Colorado Interstate Gae Company, without disorimination against the Cit7
or its inhabitants, subject, however, to requirements for gas by amarillo
and certain other towns in the Panhandle of Texas and for helium gas by
the united States Goverment from the Cliffside structure, to the end that
the Company shall supply sais Cit7 and its inhabitants with natural gas
as long as the same is available during the term of this franchise; and will
from time to time, during the term of this franchise, make such enlargements
and extensions of its distribution system as the business of the Company
and the growth of the City justify, and particularly that the Company will,
at its own expense, extend any distribution main, not to exceed one hundred
(100) feet for each new customer of the Company served thereby.
SICTION 12. The natural gas that is now available for the present and future
supply of said City and its inhabitants by said Company 1~ natural gas which
can be produced in its natural state from wells located in the State of Texas
provided, however, that 'helium and/or natural gas ~asoline may be extraojed
from the gas to be supplied hereunder, if, and only if, this can be done
without subjecting such gas to any treatment which changes the chemioal
composition of any of its component parts or in aDJWise dilutes it.
SECTION 13. The following schedule of rates is to be charged domestic
oonewners of natural gas and such schedule is hereby established and
declared to be fair and reasonable when applied and averaged throughout
the term of this franchise, and one which will produce a fair and reasonable
aTerage annual net return upon the investment required to be made by said .
Company in property to be devoted to the public service for furnishing natural
gas to said City and its inhabitants during said period of time, to-wit:
Jor natural gas containing a gross heating value of not less than 800
B.T.U. per cubic foot to be supplied at Englewood, Colorado, during all
hours of the day at a minilllllD pressure equivalent to three inches of water
preaeure when measured at the outlet of consumers . 'meters, and at a maximum
pressure which ahall not exceed the minimum b7 more than 100 per oen~,' aw ·
follows: ·
Por the first 400 cubic feet or less
of such gas so delivered, per month t 1.26 ·
1or the next 600 oubio feet of such
gas so delivered, per month
For the .next 1,000 oubio feet of
such gas so delivered, per month
Jor the next 1,000 cubic feet of
such gas so delivered, per month
or the next 7,000 oubio feet of
such gas so delivered, per month
15¢ per 100
12¢ per 100
7t¢ per 100
6¢ per 100
Por the excees above 10,000 cubic feet
of such gas so delivered, per month 5¢ per 100
The Company shall be permitted to add ten (10) per cent to any bill
not paid within ten (10) days after date of bill.
SECTION 14. The rates to be charged by said Company for natural gas service
to induatral users for heating, manufacturing, power and other purposes in
•aid Cit7 for the term of said franchise m&.7 be lower and different from thole
charged for domestic purposes and the Compan7 shall have the right to oontract
with ind••trial users for the sale of such natural gas, provided that all suoh
oontraote contain a "out-off" clause which recognizes the preferred right of
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domestic users over individual users. The Company shall from time to time
make and file with the City Clerk a schedule or aohedules of olassifioatione
for all industrial users and the rates charged under the claasifioationa
shall be on the baaie of the volume used and the local requirements and all
ooneumere of any olaea shall be supplied on equal terms.
SBCTIOB 15. The City of Inglewood shall have the right and power to
purchase or condemn any or all of the propert7 and plant herein authorized
to be constructed, operated and maintained, in the manner and at the time ~;~·;
proTided by law.
SECTION 16. It is agreed that after instalation in the caee of subsequent
failure of Company to p~rform and oarn ~·out an~ of the atipulatione and agree-
ments herein eet ~orth in &n7 subetantial particular, and with respect to
which redress ia not otherwise herein provided, the City acting by and through
its llaJor and Coun cil m&J, after hearing, determine such substantial failure,
and thereupon, after notice given the CompanJ of such determination, the
Compa117 shall have aix (6) months time in which to remedy the condition•
respecting which such finding shall have been made. After the expiration
of eix (6) months period and failure to correct such conditions, the Ma.Jor
and Council ~ declare this franchise forfeited and thereupon the Comp&DJ
shall have no further right or authority hereunder. ·
SBCTIOB 17. The Company shall not, as to rates, charges, service facilities,
rules, regulations or in any other respect make or grant &DJ preferences or
advantaaea to &nJ oorporation or person or subject &DJ person or corporation
to &DJ preJudice or disadvantage, provided that nothing in this grant shall be
taken to prohibit the eatablishment from time to time, of a graduated eoale
of ohargee and olasaified rate schedule to which &117 customer ooming within
classification would be entitled.
SBCTIOB 18. The Company shall keep on file in its office, available to th•
public, copies of reasonable rules and regulations from time to time adopted
bJ it, for the conduct of its business, and copies thereof shall also be filed
with the Cit7 Clerk of the Cit7.
SICfION 19. Wherever "Comp&DJ" is used in this franchise, it is intended
to inolude not only Publio SerTioe Compan7 of Colorado, but also its sucoeeaora
and assigns.
SBCTION 20. Thie franchise shall take effect and be in foroe upon its final
paeaage, approval and publication as required b7 law, and shall continue in foroe
and effect for a term of twent7 (20) 7ears from and after the 2nd day of April,
A. D. 1929.
SBCTIOB 21. The Comp&n7 shall within ten (10) days after this ordinance
shall be paeaed, approved and published, file in the office of the Clerk of
the CitJ of Inglewood, its aooeptance in writing of the terms and -conditions
thereof.
SBCTIOB 22. That whereas said City of Englewood and its inhabitants are
not supplied with artificial or natural gas, therefore, an emergency is
deolared to exist and this Ordinance is deolared to be nessary to the
immediate preservation of the public peaoe, health and safety, and shall
go into effect immediately upon its final passage and publ ication,
The above ordinance was passed upon its first reading at a regular
meeting of the Cit7 Council of Englewood held at the Cit7 Hall on the 12th
d&J of November, A.D. 1929, and ordered published in accordance with the
statute in such oases made and provided,
Finally paased and ordered published by the City Council of the City
of Englewood, Colorado, and signed by its Mayor and attested by its Clerk,
this 9th day of December, A.D. 1929.
TTEST:
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l.tijor -6~ 'flie City of
Englewood, County of
Arapahoe, State of
Colorado.
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STATE OF COLORADO )
COUHTY OF ARAPAHOE l · S.S.
CITY OF ENGLEWOOD )
I, Lenora Fogle, City Clerk and Recorder of the City of
Rnglewood, County of Arapahoe, State of Colorado, do hereby certify that
the above and foregoing Ordinance was introduoed and read in full, and on
resolution the same was ordered published as a proposed ordinance for the
City of Englewood, Colorado, and same was ordered published at a regular
meeting of November 12th, A.D. 1929, held by the City Council on said date,
!Uld same was published in the Englewood Herald and Enterprise and The
Bnglewood Monitor in the issues of November l! and 16, A.D. 1929, and for more
than ten days thereafter and at a subsequent Regular Meeting of the Cit7
Council held December 9th, : ..• n. 1929, "All ORDINANCE GRANTING A FRANCHISE
TO PUBLIC SERVICE COMPANY .OF .COLOR ADO , ITS SUCCESSORS AND ASSIGNS, TO CON-
STRUCT, PURCHASE, 14AINTAIN AND OPERATE A PLANT OR PLANTS AND WORKS .FOR THE
PUHCHASE, MANUFACTURE , GENERATION, TRANSMISSIOll AND DISTRIBUTION OF
it.RTIFIC.lAL AliD NATURAL GAS AND TO FURNISH, SELL AND DISTRIBUTE SAID PRODUCTS
TO THE CITY OF EHGLEWOOD AND THE INHABITAllTS THEREOF FOR HEAT, POWER OR
OTHER PURPOSES BY L.IE~.NS OF PIPES, MAINS AND CONDUITS OR OTHERWISE, OVER,
UllDER, ALONG, ACROSS AND THROUGH ALL STREETS, ALLEYS, VIADUCTS, BRIDGES,
ROADS, LANES, PUBLIC WAYS AND PL..\.CES Ill SAID CITY OF Ell(JLEWOOD, FIXING THE
TERMS AllD CO.NDITIOHS THEREOF AND PROV IDING FOR RATES," was duly passed
and published in the Englewood Herald and Enterprise and The Englewood
Monitor in their issues of December 12 and 13.,A.D. 1929, aa required
by the Statute of the State of Colorado.
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