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Home My WebLink AboutORDINANCE 44-1928NOTICE OF AP LICATION FOR 42CBISE BY STANLEY PO COMPANY. Pursuant to the statutes of the State of Colorado,in such case made and provided,notice is hereby given that on the 25th day of June A.D,,1928,at a regular meeting of the Board of Trustees of the Town of Estee Park,County of Larimer,State of Colorado,to be held on said date at the hour of 8 o’clock P.li,,the Stanley Power Company will make application to the Board of Trustees for the presentation of an ordinance granting said Stanley Power Company a franchise in said town. Said ordinance and francnise to be so submitted and aDplieci.for is in words and figures as follows,to—wit: ORDINANCE NO.441 AN ORDINANCE GWING A ERACHISE BY TEE TOWN OF E$TES PANX TO STANlEY POWEE COMPANI,IT$ SUCCESSORS AN1 ASSIGNS,TO CONS4fliUCT,ACQUIRE, AILAIN AND OPERATE A PLANT OR PLANTS AND WORKS, FOR TEii GENERATION,TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,AND TO FURNISH,SEll AND DISTRI BUPE SAID PRODUCT TO TEE SAID TOWN OF ESTES PARK AND TEE INHABITANTS TKEEEOF FOR LIGHT,BEAT AND POWER,OR OTiift PURPOSES,BY MEANS OF CONDUITS, CABLES,POLES AND WIRES STRUNG THEREON,OR OTHER WISE,OVER,UNDER,ALONG,AOSS AND THROUGH ALL STR&PS,ALLEYS AND PUBLIC WAYS AND PLACES IN THE TOWN OF ESTES PARK,AND FIXING TEE TEENS AND CON DITIONS THEREOF. BE IT ORDAINED BY THE BOARD OF ThUSiEES OF THE TOWN OF ESTES PARK: SECTION I.The franchise and right is hereby granted by the Town of Estee Park (hereinafter called Town),to STANLEY POWER COMPANY (hereinafter called Company),its successors and assigns,to locate, build,construct,acquire,extend,maintain and operate into,within and through said.Town a plant or plants and works for the manufacture,genera tion,transmission and distribution of electricity for illuminating,heating and power,or other purposes,with the right and privilege,for the period L [i 0* E1 V .. ________ and.upon the terms and conditions hereinafter specified,to furnish,sell and distribute electricity to the Town and the inhabitants thereof by means of sub—stations,conduits,cables and.lines of poles with wires strung thereon,or otherwise,on,over,under,along,across and through amy and all streets,alleys and public ways and places in said Town;and on,over under,along,across and through any extensions,connection with,or con tinuation of the same,and/or on,over,under,along,across and through any and all such new streets,alleys and public ways and places as may be hereafter laid out,opened,located or constructed within the territory now or hereafter included in the boundaries of said Town. SECTION II.jl transmission and distribution structures and equipment erected by the Company within said Town shall be located so as to cause minimum interference with proper use of streets,alleys and other public ways and places. SECTION III.The Company shall so maintain its structures, apparatus and equipment as to afford all reasonable protection against injury or damage to persons or property therefrom;and the Town shall be saved harmless from any damage arising out of the exercise by the Company of the rights and privileges hereby granted. SECTION IV.In consideration of and.as compensation for the granting of this franchise,the Company will supply and.distribute electri city for lighting,heating,power and other lawful purposes to the Town and its inhabitants at fair and reasonable rates,which rates shall be sub ject to regilatfon as provided by law. SECTION V.The franchise herein granted shall take effect and be in force from and after the final oassage and publication hereof,as required by law,upon filing of acceptanee by the Company as provided in Section VI hereof,aM shall continue in force and effect for a term of twenty-five (25)years from and after such passage. —2— . SECTION VI.Within ten (10)days after the final oassa€e and publication of this ordinance,the Company shall file in the office of the Clerk of the Town of !stes Park an acceptance in writing of the terms and conditions hereof. SECTION VII.The Compaiy shall keep on file in its offic•,avail— abi.to the public,copies of reasonable rules and regulations from time to time adopted by it,for the conduct of its business,and copies thereof shall also be filed with tthe Town Clerk. SECTION VIII.As a further consideration for this franchise, including all occupancy rights,and in lieu of all occupancy and license taxes,or other levies that migat be imposed,the Company shall,annually, pay to the Town a sum equal to one ner cent f1)of its gross earnings derived from its operations within the corporate limits of the Town, excluding the amount received from the Town itself for electricity furn ished for street lighting or other purposes.Such payments shall be made on or before the first day of March of each year for the calendar year next pre’ioti.s,including the portions of the years at the beginning and expira tion of this franchise. SECTION IX.The Town may in form and manner as provided by law,upon payment therefor,at its cash value,purchase and take over the property and plant of the Company situated in and devoted exclusively to the service of the Town. SECTION X.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 corpor ation or person to any prejudice or disadvantage,provided that nothing in this grant shall be taken to prohibit the establishment,from time to time, of a graduated scale of charges and classified rate schedules to which any customer coming within classification would be entitled. -3— A .____SECTION XI,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 it police power, provided that such regulations shall be reasonable and not destru.ctive of the rights herein granted,and not in conflict with the laws of the State of Colorado. SECTION XII.Wherever Company’is used in this franchise,it is intended to include not only Stanley Power Company,but also its successors and assigns. SECTION XIII.That,whereas,said Town and its inhabitants other wise will not continue adequately or properly to be supplied with electricity, an emergency is declared to exist and this ordinance i declared to be neces sary to the imnediate preservation of the public peace,health and safety and shall go into effect immediately upon its final passage and publication. PiSSED,ADOPTED A3D APPROVED ATTEST: Town Clerk and Recorder. Dated at Estes Park,Colorado,this h day of __________ A.D.,1928. MAYOR. STANLEY P0 OO By / •t: WH?EAS,The Board of Trustees of the Town of Estes Park,Colorado,did on the 2rd day of July,1925,finally pass,adopt ad arove Ordinance No.4 of said Town of Estes Park,granting to s21EY POVi COMRAY,a franchise to construct1 acquire,maintain and operate a plant or plants,and works,for the generation,transmission and distribution of electricity,and to furnish,sell and distribute said oroducts to the said Town of Estes Park and the inhabitants thereof for li]t,heat and Dower,or other purposes,by means of conduits,cables,poles and wires strung thereon,or otherwise,over,under,along,across and throu all streets,alleys and ublic ways and olaces in the Town of Estes Park,and fixing the terms and conditions thereof;and, WHEREAS,The final publication of said Ordinance No1 4)4 was made on the 6th day of July,1925. NC7 THERiFOR2,In consideration of the premises, and in urs’uance of the provisions of Section VI of said Ordinance 14)4,Stanley Power Company hereby accepts the terms and conditions of Ordinance No.)4)4 of the Town of Estes Park,Colorado. IN WITESS WHEOF,Stanley Power Coany hath caused its coroorate name to be hereunto subscribed by its President,and its corporate seal to be hereunto affixed, attested by its Secretary,this day of July,A.D. 1925. ATTESTD: . ACCEPTACi BY ST1EY -OVER COEAY OF CHI SE GRAND BY ORDINACE )4)4 OF TEE TOWN OF ESTES P.BK;COLORADO. I <:• (SEAL)