HomeMy WebLinkAbout007 - 03/08/1924 - RELATING TO THE EXTENSION OF A FRANCHISE TO THE POUDRE VALLEY GAS COMPANY FOR A PERIOD OF TWENTY YEA EMERGENCY ORDINANCE hO �, 1924,
BEING AN f6RDINANCE RELATING TO THE EXMENSION OF A FRANCHISE TO
THE POUDEE VALLEY GAS COBPANY FOR A PERIOD OF TVIENTY YEARS FROM
THE 18TH DAY OF JULY 1924, UNDER THE PROVISIONS OF ARTICLE XVIII
OF TIE CITY CHARTER, AND PROVIDING FOR SUBMISSION OF SAID
ORDINANCE TO A VOTE OF THE QUAW FIED TAXPAYING ELECTORS PURSUANT
TO THE PROVISIONS OF SECTION ONE OF ARTICLE XVIII OF THE CITY
CHARTER
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 The right is hereby granted to The Poudre Valley
Gas Company, a corporation, its successors and assigns, hereinafter
called the grantee, to maintain and operate its present system of gas
works pipelines and distributing system as now constructed, and to
add to, extend and reconstruct the same as may be necessary and useful
for the purpose of supplying the inhabitants of the City of Fort
Collins with commercial gas, either natural or artificial, of standard
quality for all purposes, along any and all streets, avenues and alleys
within the corporate limits of the City of Fort Collins as the same
now is or may hereafter be extended, for a period of twenty years from
and after July 18th A D 1924
Section 2 That the streets and avenues of the City of Fort
Collins upon and through which said pipelines and distributing system
of said gas works may be laid are as follows
Streets Endicott, Cowan Stover, Smith Whedbee Peterson,
Mathews Remington Chestnut, Linden, Pine, Walnut Jefferson Willow,
Colorado, Gordon Wayne, Mack, Scott, Lyons, McKinley Pear. East
Linden, First Second, Third, Fourth, Fifth Buckeye Pitkin Edwards,
Garfield Elizabeth Locust, Plum, Maple Cherry, Sycamore Elm Wood,
Park, West, North and South Mason, North and South Howes North and
South Meldrum North and South Sherwood, North and South Whitcomb and
North and South Shields, East and West Laurel, East and West Myrtle
East and West Mulberry, East and West Magnolia East and West Olive,
East and West Oak, and East and West Lake, Vine, and Poudre Place
Avenues Canon Riverside, Laporte, Woodford, Akin, Jackson,
McKinley Roosevelt Bryan, Logan, East Lincoln Loomis, Gr1nt, Wash3.ngton
North and South College and East and West Mountain and Washington Place and
Trimble Court
Section 3 That the alleys of the City of Fort Collins along
and through which said distributing system and pipelines may be maintained or
constructed are as follows
All alleys in Blocks 1, 2, 31 ll, 12, 13, 14, 15 18, 19, 21,
22, 31 32, 33, 41, 43, 51, 52, 53, 54, 61, 62 63, 64 65, 71, 72, 73, 75,
and 76, the alleys between Blocks 76 and 77 and all alleys in Blocks 81, 82,
85 and 86 the alley between Blocks 86, and 87, e4l alleys in Blocks 91, 93,
94, 102, lG3 10a, 111, 112, 113, and 114 also, all alleys in Blocks 95 96
105, 106, 115 and 116, all in Harrieonts Addition all alleys in Blocks 121
to 129 inclusive, 131 to 139, inclusive 141, 143 to 149 inclusive, 151 to
159 inclusive, 162 to 169, inclusive, 173 to 176 inclusive, 178 179 184 to
186 inclusive and 196 also, all alleys in Blocks 5 to 12 inclusive in
Buckingham Place Addition also, all alleys in Blocks 267 to 270 inclusive
277 to 280 inclusive and 287 to 290, inclusive, all in Loomis Addition also
Blocks 1 and 2 in Washington Place Addition also, all alleys in Blocks 3 to 0
inclusive, Prospect Place Addition also, alleys between Block 3 Washington
Place Addition and Block 2, Prospect Place Addition and betwe-n Block 4,
Washington Place Addition, and Block 1, Prospect Place Addit on, also, alleys
in Blocks 1 to 7 inclusive, in Scott-Sherwood Addition also, all alloys in
Van Slyke-Setaler Addition all alleys in Swett's Addition all alleys in
Hensel's Addition all alleys in Grandview Addition, and all alleys in Morger-
Smiths Subdivision now Addition also, all: alleys in Blocks 272 to 275
inclusive, blocks 282 to 285 inclusive and Blocks 292 to 295 inclusive, in
Subdivision of West Side Addition also, allalleys in Blocks 302 to 306,
inclusive, 312 to 316, inclusive and 322 to 326 inclusive all in Capitol
Hill Addition also, all alleys in Block 2, L C Moore's let Addition all
alleys in Blocks 6, 7, and 8, L C Moore's 2nd Addition all alleys in
i
Blocks 1 to 6, inclusive, Westlawn Addition all alleys in Blocks 1 to 18
inclusive Crafts Resubdivision of LaIm Park Addition, end the alley in
Block 1 G F Wiard's Addition
Section 4 All mains and pipelines hereafter laid shall be at
least three feet below the existing surface of the streets and alleys and shall
be laid so as not in anywise to interfere with any part of the existing
water works or with the existing sewer system of said city Provided, that
existing pipelines may be maintained as now laid until ordered changed by the
City of Fort Collins and if at any time hereafter said water works system
or seser systems shall be extended or changed in any manner and Asuch extension
or change shall require the use of any space or place where said gas mains
or pipes are laid, then and in such case said wa er works and sewer sy6tems
shall have the right of way in and at such space or place and the grantee
herein shall upon five days notice remove and c'iange the location of said
gas mains and pipes at such space or place so as not in any manner to delay
or hinder such extension or change
Section 5 All trenches in which said mains and pipes may
be laid shall be promptly filled in with earth, stones or gravel, or with all,
so as to leave the street and alleys through which said mains or pipes may
be laid in as good condition as the same were previous to the levying of said
mains or pipes so far as practical In case any mairs or pipes are laid on
a paved, graveled or surfaced street or alley, the grantee herein shall
replace the surface with the same material as near as may be as was used in
said having, surfacing or graveling, and no street or alley shall be kept
torn up longer than isnecessary to lay said mains or pipes, or to make
extensions or repairs
Section 6 The City of Fort Collins shall by ordinance fix
the charges made by the grantee for the sale of gas and shall have full
power to require uniform, convenient and adequate service by the grantee
herein, and to require it to keep its property in good condition during the
term of this franchise
Section 7 The grantee herein upon the bona fide application
for immediate service of five or more residents or property owners in one
block contiguous to a main already laid, shall within thirty days after the
filing of such application with the grantee herein lay or cause to be laid
in such block, a main and pipes for service of gas to said applicants and to
others in such block who may desire to use gas, provided that in the months
of December, January and February, when frost is in the ground, said grantee
shall not be required to proceed without being paid the additional amount
required to be expended on account of such frost conditions
Section 8 In consideration of the franchise hereby granted,
the grantee shall cause to be paid to the City of Fort Collins annually during
the month of January of each year, one per cent of the gross receipts
derived from the operation of its gas works during the preceding calendar
year, and said city shall have the durther right to prescribe such license'
or tax upon ghs meters or similar device for measuring service which shall
be in addition to all other lawful taxes upon the property of the grantee
and the occupation tax hereinabove mentioned
Section 9 The City of Fort Collins shall at any time, on
giving the grantee herein six months notice in writing, have the right and
power to purchase or condemn said gas works at its fair valuation and At a
price eucluding all value of this franchise or right of way through the
streets and alleys of said city, or any earning power of such property
Section 10 The fair valuation shall be made as provided by
law and the charter of said City of Fort Collins In case the said city
and the said grantee can not agree upon the price to be paid by the city for
such property of said Company, then the fair valuation thereof shall be
determined by arbitration by three disinterested persons, one of whom shall
be chosen by the City of Fort Collins, one by the grantee hdrein, and the
third by the tNo first chosen, and the decisior of the said arbitrators
shall be final and binding upon both parties In case the arbitrators
first chosen can not, within ton days after their apuointment, agree upon the
third arbitrator, such third arbitrator may be appointed by the Judge of the
S S District Court for the District of Colorado, or the said City of Fort
Collins may proceed by condemnation in Court as is now or may hereafter be
fixed by law
tion 11 If the property of t grantee herein is purchased
by the said city the plant and property so purchased and paid for shall
become the property of the city by virtue of the grant and payment thereunder
and without the execution of any instrument of conveyance, and the city, after
purchasing the property of the grantee herein, shall have the right to operate
the same or it may sell the same and grant a new franchise as is provided by
the Charter, and the new owner of the property may proceed to operate said
plant The said city of Fort Collins may lease said property, or any part
thereof, together with the franchise or right to use the streets and alleys,
for a period of not exceeding twenty years under provision of this charter
and such rules and regulations as may hereafter be adopted
Section 12 It is provided that when natural gas in sufficient
quantity to supply the City of Fort Collins is available that +he grantee
herein will make such additions to its plant and distributing system as mayY
be necessary to supply its consumers with natural gas and furnish adequate
service of the same
Section 13 Whenever the said City of Fort Collins shall
include within its corporate limits territory outside the present limits
thereof, the grantee herein shall have the right to lay its mains and
pipes in any and all streets and alleys of said Additionsto said City the
same as if said streets and alleys were herein particubrly described
Section 14 The grantee herein shall be prohibited from
issuing any stock upon the value of this franchise
Section 15 The said city shall at all times have the right
to maaae such regulations for the public safety and welfare of its citizens,
prescribing such rules and rega]a tions concerning the construction, main-
tenance and operation of the gas plant and distributing system as may be
deemed necessary from time to time to protect the uublic from danger or
inconvenience
Section 16 Tnis franchise shall not be leased assigned or
otherwise alienated without the express consent of the City of Fort Co;lies,
agreed to by ordinance or resolution of the City Crnincil of the said city,
and any assignment or sale of this franchise to any corporation, without
the consent of the said City as aforesaid, shall at the option of the City
Council of said city operate as a forfeiture of the grants hereunder No
act other than above stated by the City shall constitute a consent to such
lease, assignment or alienation
Section 17 This franchise is subject to all the terms and
provisions of article 18 of the charter of the said City of Fort Collins,
insofar as the same are apolicable to the grants and powers herein specifically
set forth, and the grantee herein shall be subject to all the duties and
obligations set forth in said article of said charter, the same as if the
same were fully set forth in terms in this franchise
Section 18 The City of Fort Collins tray revoke this franchise
for violation of any of the substantial terms and conditions thereof by the
grantee herein, upon giving said grantee w ritten notice of thirty days
within which to comply with said terms and conditions
Section 19 It is provided that the grantee herein shall pay
all costs of submission of this franchise to the qualified tax-paSing
electors of the City of Fort Collins, including the costs of publication,
the list of said voters and the preparation of ballots from monies heretofore
deposited with the City Treasurer
Section 20 Said grantee shall signify its acceptance of
this franchise ordinance in writing on or before July 18th 1924 and shall
file said acceptance with the City Clerk of the City of Fort Collins, in the
event of its approval by the qualified electors as herein provided and in
default of the making and filing of said acceptance this franchise and the
gr-tnts herein contained and all provisions thereof shall then immediately
become in-operative, null and void
Section 21 The grantee herein, The Poudre Valley Gas Company,
before this ordinance shall be submitted to a vote as provided in section one
of Article XPIII of the City Charter, shall caused to be deposited with the
City Treasurer of the City of Fort Collins the expense of submitting this
ordinance to an election to be held on the 8th day of April, 1924 and further,
the grantee herein shall provide at its own expense a certified list of
the tax-paying dlectors in each precinct of each of the wards of the City
for the use and information of the judges of election which shall be
included as part of the cost of the said election
Section 22 Upon the passage and adoption of this ordinance,
and the deposit of the expense herein provided, the City Clerk is hereby
authorized and empowered to provide in the call for the general election
to be issued for the election of officers on the 8th day of April, A D
1924, the additional call for the submission of this ordinance to a vote
of the qualified electors as provided in the City Charter, which said ordinance
shall be submitted in the following form for the qualified electors at
said election
"For the 6rdinance granting a franchise to the Poudre Valley
Gas Company "
"Against the ordinance granting a franchise to the Poudre
Valley Gas Conpany "
and in connection with said call for the election upon this ordinance the
City Clerk shall cause to be published in the official newspaper of the
City for three times a week apart the proposed franchise ordinance at which
election all persons desiring to vote upon said question shall be not only
6
qualified electors under the law but shall in addition be tax-paying
electors as required by the charter in order to vote on said question And
the City Clerk is hereby authorized and empowered to not only provide the
necessary ballots for submitting the said ordinance to the vote of the
qualified tax-paying electors at said election but shall provide a separate
ballot box within which the votes so cast at said election shall be
canvassed by the board of election judges the same as returns are vanvassed
for officers of said City and as reouired by OUw
� Y
Section 23 In the opinion of the City Council an emergency exists
for the preservation of the public health, peace and safety, and this ordinance
shall take effect upon its passage and publication, under and by virtue of the
authority contained in Section a 6 and 7 of Article IV of the City Charter
In+roduced, read a length and adopted by the unanimous vote of all
the rembers of the City Council this 8th day of March, A D 1924
i
issioner o Safety an xOfficio Mayor
ATTEST
City Clerk
STfiTE OF COLORADO)
) SS
COUNTY OF LARIMER)
I, A J ROSENOW City Clerk of the City of Fort Collins
do hereby certify and declare that the forego ng ordinance, consisting of
twenty-three (23 suctions, was duly proposed and read at length at a regular
meeting of the City Council held on the 8th day of March, A D 1924 and was
duly adopted and ordered published in the Fort Collins Express-Courier a
daily newspaper and the official newspaper of the City of For Collins, by th-
unanimous vote of all members of the Council, as an emergency ordinance, in
accordance with the provisions of Sections 6 a&d 7 of Article IV of the City
Charter, and thereaft-r, on to-wit the /-1 — day of March, A D 1924
said Ordinance No was duly published in the Fort Collins Express-
Courier, a daily newipaper published in the City of Fort Collins, Colorado
IN WITNESS WHEREOF I_,0,have hereunto set my hand and
affixed the seal of said City this 1. _ day of March, A D 1924
City Clerk