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Home My Public Portal AboutOrdinance #30 ...~ ~ . ....:. "t ,. ~ .; ....:. ~ ~ ~- - ( '''t ,. COpy ORDINANCE NO. 30 AN ORDINANCE GRANTING A FRANCHISE BY THE TOWN OF FRAsER, GRAND COUNTY, COIDRADO, TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, PURCHASE, ACQ.UIRE, IDCATE, MAINTAIN, OPERATE, AND EXTEND INTO, WITHIN AND THROUGH SAID TOWN, PLANTS, WORKS, SYSTEMS AND FACILITIES, FOR THE PRODUCTION, MANUFACTURE, PURCHASE, STORAGE, TRANS- MISSION AND DISTRIBUTION OF GASEOUS FUELS, OR MIX- TURES THEREOF BY MEANS OF PIPES, MAINS, OR OTHERWISE, OVER, UNDER, ALONG AND ACROSS ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES, PUBLIC WAYS AND OTHER PUBLIC PLACES IN SAID TOWN OF FRASER, TO SELL, FURNISH AND DISTRIBUTE SAID PRODUCT TO THE TOWN OF FRASER AND THE INHABITANTS THEREOF, AND FIXING THE TERMS AND CONDITIONS THEREOF. ************ BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, GRAND COUNTY, COLORADO: ARTICLE I. Whenever the word Town is hereinafter employed it shall desig- nate the Town of Fraser, Grand County, Colorado, the grantor, and when- ever 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. Whenever The Public Utilities Commission of the State of Colorado is referred to, it shall be deemed to include any - authority succeeding to the regulatory powers thereof. ARTICLE II. Section 1. Grant of Authority. There is hereby granted by the Town to the Company the franchise right, privilege and authority to con- struct, purchase, acquire, locate, maintain, operate and extend into, within, and through said Town, plants, works, 'systems and facilities for the production, manufacture, storage, purchase, transmission and distribu- ti9f of gaseous fuels, (natural, artificial, synthesis, liquefied natural, liquefied petroleum, manufactured, or any mixture thereof) for heating, cooking, cooling, or other similar utility purposes, with the right and privilege for the period and upon the terms and conditions hereinafter specified to sell, furnish, and distribute said gaseous fuel to the Town, ýÿ \" . c. . and the inhabitants thereof, by means of pipes, mains, or otherwise, over, under, along and across all streets, alleys, viaducts, bridges, roads, lanes, public ways and other public places in the Town and over, under, along and across any extension, connection with or continuation of the same and over, under, along and across all new streets, alleys, viaducts, bridges, roads, lanes, public ways -and other public places as may be here- after laid out, opened, located or constructed within the territory now or hereafter 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, public ways and other public places under the supervision of properly constituted authority for the purpose of bringing gaseous fuels into, within and through the Town and supplying gaseous fuels to said Town and the inhabi- tants thereof and in the territory 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 work- manlike manner such sidewalk, graveled or paved street, road, alley, or other improvement after the installation of its mains, pipes or other structures. '1 The Company shall use due care not to interfere with or damage any water mains, sew'ers, or other structures 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 equipment as to afford all - 2 - \ \ " ( , . \ . ~ " reasonable protection against injury or damage to persons or property therefrom, and the Company shall save the Town harmless from all liabi- lity 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 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 con- nection 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 as are from time to time filed with The Public utilities Commission of the State of Colorado. Section 2. Adequacy of Supply. The Company shall, at all times during the term of this franchise, take all reasonable and necessary steps to assure an adequate natural gas supply, but if unable to reasonably pro- cure the same, the Company shall and is hereby authorized to supply an ade- quate amount of other gaseous fuels, as hereinbefore defined, or mixtures thereof, to satisfy the requirements of the Town and the inhabitants thereof. The1Company shall have the further right to supply said other gaseous fuels, or mixtures thereof, at periods of peak usage or at such other times or for such purposes which will result in efficiencies in the operation of the Company's system, provided that the supply of said other gaseous fuels will not impair service to the Company's customers. Such other gaseous fuels, - 3 - \ " ( \ I' " . , " or mixtures thereof, shall be supplied by Company in accordance with all applicable rules and orders of The Public utilities Commission of the state of Colorado. ARTICLE IV. Section 1. Rates - Regulation. The Company shall furnish gaseous fuels 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 corporation doing business in the Town or any addition there- to, at the rates and under the terms and conditions set forth in the Rate Schedules, Standards for Service, Rul~s and Regulations, and Service Con- nection and Extension Policies as are from time to time filed with or fixed by The Public utilities Commission of the State of Colorado. 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 disadvantage, provided that nothing in this grant shall be taken to prohibit the estab- lishment from time to time of a graduated scale of charges and classified rate schedules to which any customer coming within an established classifi- cation would be entitled. Section 3. Extensions. Company will from time to time make such enlargements and extensions of its distribution system as the business of the Company and the growth of the Town justify, in accordance with its Rate Schedules, Standards for Service, Rules and Regulations, and Service Con- nection and Extension Policies for gas service currently in effect and as are from time to time filed with or fixed by The Public utilities Commission of the State of Colorado. Section 4. 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 gaseous fuel and payment therefor, and the interference with, or alteration of any of the - 4 - ýÿ ..6 I'. ..6 I'. : ~ 'J ' ! I , Company's property upon the premises of its customers, as shall be neces- sary to insilre a continuous and uninterrupted service to each and all of its customers and the proper measurement thereof and payment therefor, - provided that the Company shall keep on file in its offices, available to the public, copies of its Rate Schedules, Standards for Service, Rules and Regulations, and Service Connection and Extension Policies currently in effect and as are from time to time filed with The Public utilities Commis- sion of the State of Colorado. ARTICLE V. Section 1. Franchise Payment. As a further consideration for this franchise, and accepted by the Town in lieu of all occupancy or occupa- tion and license taxes and all other special taxes, assessments or excises on the right to do business or 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 fot the inspection of pipes, mains, meters, or other property of the , Company, or otherwise, the Company shall pay to the Town a sum equal to ) - " two percent (2%) of its gross revenue derived from the sale of gaseous fuel " within the corporate limits of the Town, excluding all revenue received in excess of $2500.00 derived per annum from the sale of gaseous fuel ren- dered to each customer at anyone location. Payments shall be made on or , ~ ,. before the first day of March each year for the calendar year next previous., , f ~ 1 Payments for the portions of the initial and terminal years of this fran- chise shall be made on the basis of revenue as above derived for the months ,,~ ~. j'llt...;} :,y and portions of months in which this franchise i~ ;~~; er~f.Jec~~ 'j ,For the pur- pose of ascertaining or auditing the correct amount ~o be paid under the . ; 1" ~ {! : ~ \ 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 , "I. !" ~ 1" ~ d ~ said Company for the purpose of checking the gross revenue received from 1 operations within said Town. "'" f if (,';! r ~ '1',' 1"1 i',' '-J,~" r;: t r: ,1 '\ 'i ,,' ,;' ~ 5 - :., .. ýÿ \ ( The term "gross revenue" as used herein shall be construed to mean any revenue derived under authorized rates, temporary or permanent, w'ithin the Town from the sale of gaseous fuels after the net write-off of uncollectible accounts, corrections of bills theretofore rendered and any adjustments of charges theretofore made. ARTICLE VI. Section 1. Term - Effective Date. This ordinance shall become effective, as provided by law, thirty days after its publication following final passage, 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 effec- ti ve 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 is hereby granted, the right to enter upon the streets, alleys, bridges, viaducts, roads, lanes, public ways 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 it s own expense and in a workmanlike manner, refill any excavations that shall be made by it in the graveled or paved streets, alleys, bridges, via- ducts, roads, lanes, public ways 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 here- in contained, such ordinances as may be deemed necessary in the exercise of - 6 - ýÿ ~l . I' ! ,- f \ ' , " " r:' , " . . , . ,- f 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 jurisdiction 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 natural gas is not made available by the Company to the inhabitants of the Town on or before October 1, 1971, in accordance with the provisions hereinabove set forth. The Board of Trustees of the Town may exercise said right to terminate by giving the Company thirty (30) days written notice of the termination of said rights and privi- leges granted herein. INTRODUCED, READ AND ORDERED PUBLISHED, the 6th day of January , A. D. 196...2.... PASSED, ADOPl'ED AND APPROVED, this 3rd day of February , A. D. 196.2.... ,~'/'~, ~., / ..------- --1.../ () l";:;' ~ ~ -; /- l -'- L--tL--<:'-~ _f ~ E--"l.. "9:. t...."" / ---- / / Mayor ./ V SEAL ATTEST: --, " ,.' ," (ir.,., /, ;' . Town Clerk ". - 7 - ýÿ