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HomeMy WebLinkAboutORDINANCE 321-67fl ORDINANCE NO.321 AN ORDINANCE GRANTING A FRANCHISE BY TEE TOWN OF ESTES PARK,LARIMER COUNTY,COLORADO,TO PUBLIC SERVICE COM PANY OF COLORADO,ITS SUCCESSORS AND ASSIGNS,TO LOCATE, BUILD,CONSTRUCT,ACQUIRE,PURCHASE,EXTEND,MAINTAIN AND OPERATE INTO,WITHIN AND THROUGH THE TOWN OF ESTES PARK,A PLANT OR PLANTS,AND WORKS,FOR TEE PURCHASE, MARUFACTURE,TRANSMISSION AND DISTRIBUTION OF GAS, EITHER NATURAL,ARTIFICIAL OR MIXED,AND TO FURNISH, SELL AND DISTRIBUTE SAID GAS TO THE TOWN OF ESTES PARK, AND THE INHABITANTS THEREOF,FOR HEATING,COOKING,OR OTHER PURPOSES BY MEANS OF PIPES,MAINS,OR OTHERWISE, OVER,UNDER,ALONG,ACROSS AND THROUGH ANY AND ALL STREETS,ALLEYS,VIADUCTS,BRIDGES,ROADS,LANES,AND OTHER PUBLIC WAYS AND PLACES IN SAID TOWN OF ESTES PARK, AND FIXING THE TERI1S AND CONDITIONS THEREOF. *x xxx x BE IT ORDAINED BY THE BOARD OF TRUSTEES OF TEE TOWN OF ESTES PARK,LARIMER COUNTY,COLORADO: ARTICLE I. Whenever the word Town is hereinafter employed it shall designate the Town of Estes Park,Larimer County,Colorado,the grantor,and whenever the word Company is used it shall designate not only Public Service Company of Colorado,a Colorado corporation,the grantee,but also its successors and assigns. ARTICLE II. Section 1.Use of Streets.There is hereby granted to the Com pany the right,privilege and authority to locate,build,construct,acquire, purchase,extend,maintain and operate into,within,and through said Town a plant or plants and works,for the purchase,manufacture,transmission and distribution of gas,either natural,artificial or mixed,with the right and privilege for the period and upon the terms and conditions hereinafter specified to furnish,sell and distribute said gas to the Town,and the inhabitants thereof,for heating,cooking,or other purposes,by means of pipes,mains,or otherwise,over,under,along,across and through any and all streets,alleys,viaducts,bridges,roads,lanes,and other public ways and places in said Town and over,under,along,across and through any ex tension,connection with or continuation of the same and/or over,under, along,across and through any and all such new streets,alleys,viaducts, bridges,roads,lanes and other public ways and places as may be hereafter laid out,opened,located or constructed within the territory now or here after included in the boundaries of said Town. Section 2.Manner of Use -Repair.The Company is further granted the right,privilege and authority to excavate in,occupy and use any and all streets,alleys,viaducts,bridges,roads,lanes,parkways, and other public ways and places under the supervision of properly constituted authority for the purpose of bringing gas into,within and through the Town and supplying gas to said Town and the inhabitants thereof and in the terri tory adjacent thereto,provided,however,that the Company shall so locate its plants,works,transmission and distribution structures,equipment,mains and pipes within said Town as to cause minimum interference with the proper use of streets,alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said streets,alleys or other public ways and places.Should it become necessary for the Company in exercising its rights and performing its duties hereunder,to interfere with any sidewalk, graveled or paved streets,roads or alleys,or any other public or private improvement,the Company shall repair in a workmanlike manner such sidewalk, graveled or paved street,road,alley,or other improvement after the in stallation of its pipes or other structures.The Company shall use due care not to interfere with or damage any water mains,sewers,or other structures now in or which may hereafter be placed in said streets,alleys or other public places. Section 3.Town Held Harmless.The Company shall so maintain its structures,apparatus,mains,pipe and other equipnnt as to afford all reasonable protection against injury or damage to persons or property there from,and the Company shall save the Town harmless from all liability or damage and all reasonable expenses necessarily accruing against the Town arising out of the negligent exercise by the Company of the rights and privileges hereby granted;provided,that the Company shall have had notice of the pendency of any action against the Town arising out of such exercise -2- 0 by the Company of said rights and privileges and be permitted at its own expense to appear and defend or assist in the defense of the same. Section )4•Changes at Company Expense.If at any time it shall be necessary to change the position of any gas main or service connection of the Company to permit the Town to change street grades or make street or sidewalk improvements,such changes shall be made by the Company at its own expense. ARTICLE III. Section 1.Heating Value.The natural gas to be supplied here under shall contain a monthly average gross heating value of not less than the heating value set forth in applicable and effective Rules and Regula tions on file from time to time with The Public Utilities Commission of the State of Colorado. Section 2.Adequacy of Supply.If during the term of this fran chise there occurs a failure or partial failure of the supply of natural gas available to Company because of the depletion of such supply,the Com pany shall take all reasonable steps to obtain an additiona natural gas supply from other sources to be delivered to the Company,and if unable to procure same it is hereby authorized to supply artificial or mixed gas for the unexpired term of this franchise.If Company within a reasonable period after the failure of the supply of natural gas shall fail to supply to its customers either artificial and/or mixed gas the franchise rights granted herein shall terminate. ARTICLE IV. Section 1.Rates -Regulation.The Company shall furnish gas within the corporate limits of the Town or any addition thereto,to the Town and to the inhabitants thereof,and to any person or persons or cor poration doing business in the Town or any addition thereto,at the rates and under the terms and conditions set forth in the Rate Schedules,Stan dards for Service,Rules and Regulations,and Service Connection and Extension Policies,filed with or fixed by The Public Utilities Commission of the State of Colorado,from time to time,or by any other competent -3- authority having jurisdiction in the premises. Section 2.No Discrimination.The Company shall not,as to rates,charges,service,facilities,rules,regulations or in any other respect make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvan tage,provided that nothing in this grant shall be taken to prohibit the establishment from time to time of a graduated scale of charges and classi fied rate schedules to which any customer coming within an established classification would be entitled. Section 3.Industrial Gas Rates.The rates to be charged by said Company for gas service to industrial users for heating,manufacturing and other industrial processes in said Town for the term of said franchise may be lower and different from those charged for other purposes and the Company shall have the right to contract with industrial users for the sale of such gas,provided that all such contracts contain a “cutoff”clause which recognizes the preferred right of the other users over industrial users. Section )4•Extensions.Company will from time to time during the term of this franchise make such enlargements and extensions of its distri bution system as the business of the Company and the groth of the Town justify,in accordance with its Standards for Service,Rules and Regulations, and Service Connection and Extension Policies for gas service currently in effect and on file from time to time with The Public Utilities Commission of the State of Colorado or other competent authority having jurisdiction in the premises. Section 5.Rules and Regulations.The Company from time to time may promulgate such rules,regulations,terms and conditions governing the conduct of its business,including the utilization of gas and payment there for,and the interference with,or alteration of any of the Company’s property upon the premises of its customers,as shall be necessary to insure a con tinuous and uninterrupted service to each and all of its customers and the proper measurement thereof and payment therefor,provided that the Company _Lj.- _:, 0 shall keep on file in its office in Loveland,Colorado,available to the pub lic,copies of its Rate Schedules,Standards for Service,Rules and Regula tions,and Service Connection and Extension Policies currently in effect and on file from time to time with The Public Utilities Commission of the State of Colorado or other competent authority having jurisdiction in the premises. ARTICLE V. Section 1.Franchise Payment.As a further consideration for this franchise,and accepted by the Town in lieu of all occupancy or occupation and license taxes and all other special taxes,assessments or excises upon the pipes,mains,meters,or other property of the Company,or other levies that might be imposed,either as a franchise tax,occupancy or occupation tax, license tax,permit charge,or for the inspection of pipes,mains,meters,or other property of the Company,or otherwise,the Company shall,for the first five years of the term of this franchise,pay to the Town a sum equal to one percent (1%)of its annual gross revenue,after any adjustment of charges theretofore made,derived from the sale of gas within the corporate limits of the Town,excluding the revenue received from the Town itself for gas service furnished it and excluding all revenue received in excess of $2500.00 derived per annum from the sale of gas service rendered to each customer at any one location;and shall pay to the Town a sum equal to two percent (2%)of said revenue as above derived for the remaining twenty years of the term hereof. Payments shall be made on or before the first day of March each year for the calendar year next previous.Payments for the portions of the initial and terminal years of this franchise shall be made on the basis of revenue as above derived for the months and portions of months in which this franchise is in effect.For the purpose of ascertaining or auditing the correct amount to be paid under the provisions of this paragraph,the Town Clerk and/or any committee appointed by the Board of Trustees of said Town shall have access to the books of said Company for the purpose of checking the gross revenue received from operations within said Town. ARTICLE VI. Section 1.Term.This ordinance shall become effective,as pro vided by law,thirty days after its publication following final passage, —5— upon acceptance in writing by the Company within said period,and the terms, conditions and covenants thereof shall remain in full force and effect for a period of twenty-five (25)years from and after said effective date. Section 2.Removal.Upon the expiration of this franchise,if the Company shall not have acquired an extension or renewal thereof and accepted same,it may have,and it is hereby granted,the right to enter upon the streets,alleys,bridges,viaducts,roads,lanes and other public places of the Town,for the purpose of removing therefrom any or all of its plants,structures,pipes,mains,or equipment pertaining thereto,at any time after the Town has had ample time and opportunity to purchase,condemn or replace them.In so removing said pipes,mains or other property,the Company shall,at its own expense,and in a workmanlike manner,refill any excavations that shall be niade by it in the graveled or paved streets, alleys,bridges,viaducts,roads,lanes and other public places after the removal of its mains,pipes or other structures. Section 3.Assignment.Nothing in this ordinance shall be so construed as to prevent the Company from assigning all of its rights,title or interest,gained or authorized under or by virtue of the terms of this ordinance. Section )4•Police Power Reserved.The right is hereby reserved to the Town to adopt,from time to time,in addition to the provisions herein contained,such ordinances as may be deemed necessary in the exercise of its police power,provided that such regulations shall be reasonable and not destructive of the rights herein granted,and not in conflict with the laws of the State of Colorado,or with orders of other authorities having juris diction in the premises. Section 5.Termination for Non-Performance.The right is hereby reserved to the Town to terminate all rights and privileges given herein to the Company or its assigns,if,within eighteen months from the effective date of this ordinance,natural gas is not made available to the inhabitants of the Town by the Company or its assigns in accordance with the provisions hereinabove set forth.The Board of Trustees of the Town may exercise said -6- right to terminate by giving the Company thirty (30)days written notice of the termination of said rights and privileges granted herein. INTRODUCED,READ AND ORDERED PUBLISHED,the /2 day of e ,A .D.1967. PASSED,ADOPTED AND APPROVED,this IDd&day of ___________ A.D.1967. a Mayor SEAL ATTEST: Town Clerk -7- ACCEPTANCE BY PUBLIC SERVICE COMPANY OF COLORADO OF FRANCHISE GRANTED BY TItE TOWN OF ESTES PARK, LARIMER COUNTY,COLORADO,BY ORDINANCE NO.321 WHEREAS,the Board of Trustees of the Town of Estes Park,Larimer County,Colorado,did on the 10th day of July,1967,finaily pass and adopt and approve Ordinance No.321 of said Town,entitled: AN ORDINANCE GRANTING A FRANCHISE BY THE TOWN OF fETES PARK,LARIMER COUNTY,COLORADO,TO PUBLIC SERVICE COMPANY OF COLORADO,ITS SUCCESSORS AND ASSIGNS,TO LOCATE,BUILD,CONSTRUCT,ACQUIRE,PUR CHASE,EXTEND,MAINTAIN AND OPERATE INTO,WITHIN AND THROUGH THE TOWN OF ESTES PARK,A PLANT OR PLANTS,AND WORKS,FOR THE PURCHASE,MANUFACTURE, TRANSMISSION AND DISTRIBUTION OF GAS,EITHER NATURAL, ARTIFICIAL OR MIXED,AND TO FURNISH,SELL AND DIS TRIBUTE SAID GAS TO THE TOWN OF ESTEE PARK,AND THE INRABITANTS THEREOF,FOR HEATING,COOKING,OR OTHER PURPOSES BY MEANS OF PIPES,MAINS,OR OTHERWISE,OVER, UNDER,ALONG,ACROSS AND THROUGH ANY AND ALL STREETS, ALLEYS,VIADUCTS,BRIDGES,ROADS,LANES,AND OTHER PUBLIC WAYS AND PLACES IN SAID TOWN OF ESTES PARK,AND FIXING THE TERMS AND CONDITIONS THEREOF. NOW,THEREFORE,in consideration of the premises,and in pursuance of the provisions of said Ordinance No.321 Public Service Company of Colorado hereby accepts the terms and conditions of Ordinance No.321 of the Town of Estes Park,Larimer County,Colorado. IN WITNESS WHEREOF,Public Service Company of Colorado has caused its corporate name to be hereunto subscribed by its Vice President,and its corporate seal to be hereunto affixed,attested by its Assistant Secretary, this I t.IZ\day of July,A.D.1967. PUBLIC SERVICE COMPANY OF COLORADO By _________________________________ ATTEST: By__ Assistant Secretary FILED WITH THE TOWN CLERK OF THE TOWN OF ESTES PARK THIS 12th DAY OF JULY,1967./2 i20 //&h . Town Clerk SEAL 0 CERTIFICATE AS TO RECORDING OF ORDINANCE NO.321 I,Dale G.Hill ,the duly qualified and acting Town Clerk of the Town of Estes Park,Larimer County,Colorado, certify that on the 12th day of July,196y,I did cause to be recorded in the Ordinance Book of the Town of Estes Park,Ordinance No.321 granting Public Service Company of Colorado a franchise as signed by Clarence A.Graves ,Mayor,and attested by me as Clerk,under the seal of the Town,which Ordinance so signed and attested and recorded in the Ordinance Book was authenticated in the Ordinance Book by the signature of the Mayor and of myself as Clerk of said Town under the seal thereof. Dated at Estes Park,Colorado,this 12th day of July,1967. Town Clerk SEAL 0 CERTIFICATE AS TO INTRODUCTION, PASSAGE MiD SIGNATURE BY MAYOR OF ORDINANCE NO.321 I,Dale G.Hill ,the duly qualified and acting Town Clerk of the Town of Estes Park,Larimer County,Colorado,certify that the annexed Ordinance No.321 of said Town of Estes Park granting to PUBLIC SERVICE COMPANY OF COLORADO a franchise for the purposes therein mentioned was,after proper publication of Notice of Application,introduced and read in full at the regular meeting of the Board of Trustees of said Town of Estes Park held on June 12,1967. That thereafter said Ordinance No.321 ,as introduced and read,after having been published in the Estes Park Trail,a weekly paper of general circulation in said Town of Estes Park,for a period of not less than two weeks or three consecutive insertions thereof prior to the time when such ordinance was to be again read,was again read in full at a regular meeting of the Board of Trustees of said Town of Estes Park on July 10,1967,and after so being read was by a majority vote of all the members of said Board of Trustees by aye and nay vote,regularly passed and adopted as Ordinance No.321 of said Town of Estes Park. That after said ordinance was passed and adopted by the Board of Trustees of said Town,it was presented within -i-8 hours after passage to Clarence A.Graves ,the Mayor of said Town,and was immediately signed by him as Mayor and attested by me as Town Clerk under the Seal of the said Town. IN WITi1ESS WEEREOF,I have hereunto set my hand and affixed the seal of the Town of Estes Park,Larimer County,Colorado,this 12th day of July,A.D.1967. Town Clerk SEAL CTtCM?E OF TOWN C!X AS TO TPJ.NSCRIPT OF Ml PROCEEDINGS Dale G.Hill ,the duly gualified and acting Town Clerk of the Town of Estes Park,certify that the fore going transcript of all pToceedings relative to the passage and adop tion of Ordinance No.321 of the Town of Bates Park,arimer County,Colorado,consisting of: 1.Affidavit of Roger Bergquist editor and publisher of the Estes Park Trail as to the publishing of the attached Notice of Application for Franchise by Public Scrvice Company of Colo rado. 2.Poceedings of the Board of Trustees of the Town of Bates Park on June 12,1967 relative thereto. 3.Affidavit of Roger Bergquist editor and pub usher of the Bates Park Trail as to the publishing of the attached Notice as to Further Conaideration of proposed ordinance granting fran chise to Public Service Conipany of Colorado. ii.Proceedings of the Board of Trustees of the Town of Bates Park on July 10,1967 relative thereto. 5.Signed copy of Ordinance Nok 321 attested by my- self as Town Clerk. 6.Certificate of Town Clerk as to introduction,reading, passage and signature by joy of Ordinance No.321 7.Affidavit of Roger Bergquist ,editor and publisher of Bates Park Trail,as to publication of Ordinance No.32] with certificate of myself as Town Clerk as to passage and signing by the 1ayor attached thereto. 8.Certificate of Town Clerk as to recording and authenti cating of said ordinance. 9.Acceptance by Public Service Company of Colorado of Ordi nance No,J21 on July 11 t L967,acknowledged by myself,Town Clerk of the Town of Estee Park. is a full,true an correct copy an transcript of all affidavits and other papers on file in my office and a full,true and correct copy and transcript of all minutes and records of the Board of Trustees of the Town of Estee Park relative thereto. IN WITTBSS WIETEOF,I have affixed my band at Estee Park, Colorado,this 12th day of July,1967,.and attested the same with the Seal of said Town. Town Clerk ‘V.,. ..V V• - I V... V.’ V. , .•i