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HomeMy WebLinkAbout040 - 08/24/1967 - SUBMITTING TO THE TAXPAYING ELECTORS OF THE CITY THE QUESTION OF GRANTING A FRANCHISE TO PUBLIC SER J AN ORDINANCE NO 40 1967 BEING AN ORDINANCE SUBMITTING TO THE TAXPAYING ELECTORS OF THE CITY OF FORT COLLINS LARIMER COUNTY COLORADO THE QUESTION OF GRANTING A FRANCHISE BY THE CITY OF FORT COLLINS TO PUBLIC SERVICE COMPANY OF COLORADO ITS SUCCESSORS AND ASSIGNS TO CONSTRUCT PURCHASE ACQUIRE LOCATE MAINTAIN OPERATE AND EXTEND INTO WITHIN AND THROUGH SAID CITY OF FORT COLLINS PLANTS WORKS SYSTEMS AND FACILITIES FOR THE PRODUCTION MANUFACTURE PURCHASE STORAGE TRANSMISSION AND DISTRIBUTION OF GASEOUS FUELS OR MIXTURES 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 CITY OF FORT COLLINS, TO SELL FURNISH AND DISTRIBUTE SAID PRODUCT TO THE CITY OF FORT COLLINS AND THE INHABITANTS THEREOF AND FIXING THE TERMS AND CONDITIONS THEREOF AND PROVIDING FOR THE CALLING AND HOLDING OF A SPECIAL ELECTION UPON SAID QUESTION THE DETERMINATION OF THE RESULT THEREOF AND FOR THE EXECUTION AND DELIVERY OF SAID FRANCHISE ACCORDING TO ITS PROPOSED TERMS IF THE RESULT OF SUCH VOTE OF THE TAXPAYING ELECTORS AT SUCH ELECTION SHALL HAVE BEEN DETER MINED TO HAVE BEEN AFFIRMATIVE FOR THE GRANT OF SAID FRANCHISE WHEREAS Public Service Company of Colorado has filed its application with the City of Fort Collins for the granting to it by the City of Fort Collins of a franchise in terms as hereinafter set forth and WHEREAS Public Service Company of Colorado as applicant for such franchise has made a deposit with the Director of Finance of the City of Fort Collins in the sum of Three Thousand Five Hundred and No/100 Dollars ($3 500 00) for the expense of the submission of the question of the granting of such fran chase to the taxpaying electors and WHEREAS the Director of Finance of the City of Fort Collins has determined that the expense of such submission to the taxpaying electors is in the amount of Three Thousand Five Hundred and No/100 Dollars ($3 500 00) as deposited by Public Service Company of Colorado and WHEREAS Section 1 of Article XIII of the Charter of the City of Fort Collins provides that no franchise shall be granted except upon the vote of the taxpaying electors and WHEREAS said City Charter requires that the Council shall provide by Ordinance for the manner of holding City elections and such additional requirements in respect thereto as may be necessary to accomplish the intent of said Charter y t ce- NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That a special City election be and the same is hereby called to be held in the several precincts of the City of Fort Collins Colo rado on Tuesday the tenth day of October A D 1967 and at said election there shall be and hereby is submitted to a vote of the taxpaying electors of the City of Fort Collins the question of granting the franchise hereinafter set forth to Public Service Company of Colorado its successors and assigns Section 2 Said franchise by the City of Fort Collins to Public Service Company of Colorado its successors and assigns is as follows A FRANCHISE BY THE CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, PURCHASE, ACQUIRE, LOCATE MAINTAIN, OPERATE AND EXTEND INTO WITHIN AND THROUGH SAID CITY, PLANTS, WORKS, SYSTEMS AND FACILITIES FOR THE PRODUCTION, MANUFACTURE, PURCHASE, STORAGE, TRANSMISSION AND DISTRIBUTION OF GASEOUS FUELS OR MIXTURES 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 CITY OF FORT COLLINS, TO SELL, FUR- NISH AND DISTRIBUTE SAID PRODUCT TO THE CITY AND THE INHABITANTS THEREOF, AND FIXING THE TERMS AND CON- DITIONS THEREOF �c--x-�--�x-�-�-x-*-x-* ARTICLE I Whenever the word City is hereinafter employed it shall designate the City of Fort Collins, Larimer 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 suc- cessors 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 City to the Company the franchise right, privilege and authority to con struct purchase, acquire locate maintain operate and extend into within and through said City, plants works, systems and facilities for the produc- tion, manufacture storage purchase transmission and distribution of gaseous fuels (natural artificial synthesis, liquefied natural liquefied petroleum manufactured or any mixture thereof), for heating cooking cooling or other similar utilitJ purposes with the right and privilege for the period and upon the terms and conditions hereinafter specified, to sell furnish and distribute any or all of said products to the City and the inhabitants thereof, by means of pipes mains, or otherwise over, under, along and across any and all streets alleys viaducts bridges roads lanes public ways and other public places in the City, 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 hereafter laid out opened located or constructed within the territory now or hereafter included in the boundaries of said City 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 City and supply ing gaseous fuels to said City and the inhabitants thereof and in the terra tory adjacent thereto provided however that the Company shall so locate its plants works transmission and distribution structures equipment mains and pipes within said City 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 installation of its mains pipes or other structures The Company shall use due care not to interfere with or damage any water mains sewers or other structures in said streets alleys or other public places Section 3 City Held Harmless The Company shall so maintain its structures apparatus, mains, pipe and other equipment as to afford all reasonable protection against injury or damage to persons or property there from and the Company shall save the City harmless from all liability or damage and all reasonable expenses necessarily accruing against the City 2 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 City 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 connection of the Company to permit the City 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 Regulations 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 procure the same the Company shall and is hereby authorized to supply an adequate amount of other gaseous fuels as hereinbefore defined or mixtures thereof to satisfy the requirements of the City and the inhabitants thereof The Company 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 or mixtures thereof shall be supplied by Company in accordance with all apple cable rules and orders of The Public Utilities Commission of the State of Colorado 3 i ARTICLE IV Section 1 Rates Regulation The Company shall furnish gaseous fuels within the corporate limits of the City or any addition thereto to the City and to the inhabitants thereof and to any person or persons or corporation doing business in the City 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 Exten sion 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 establishment from time to time of a graduated scale of charges and classified rate schedules to which any customer coming within an established classification 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 City justify in accordance with its Rate Schedules Standards for Service Rules and Regulations and Service Connec tion 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 pay ment therefor and the interference with or alteration of any of the Com pany s property upon the premises of its customers as shall be necessary to insure 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 office in the City, available to 4 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 Commission of the State of Colorado ARTICLE V Section 1 Franchise Payment As a further consideration for this franchise and accepted by the City in lieu of all occupancy or occupation 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 0 occupation tax license tax or for the inspection of pipes mains meters or other property of the Company or otherwise the Company shall pay to the City a sum equal to two percent (2%) of its gross revenue derived from the sale of gaseous fuel within the corporate limits of the City As a further consideration for this franchise Company agrees in lieu of the franchise consideration pay- ments provided in Ordinance No 13 series of 1947 to retroactively apply the percentage of revenue payment provided herein to the gross revenue of the S/tT« Company recerve//c�January 1 1967 Payments shall be made on or before the first day of March each year for the calendar yearnext previous Payments for the portion of the terminal year 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 City Clerk and/or any committee appointed by the City Council of said City shall have access to the books of said Company for the purpose of checking the gross revenue received from operations within said City The percentage payment of gross revenue as the franchise consideration provided herein shall be subject to mutual review during the 10th year after the effective date of this franchise Such review shall be initiated by the City upon 60 days notice in writing to the Company The term gross revenue as used herein shall be construed to mean any revenue derived under authorized rates temporary or permanent within the City from the sale of gaseous fuels after the net write-off of uncollect- able accounts corrections of bills theretofore rendered and any adjustments of charges Hhereto6ome made h ,- ARTICLE VI Section 1 Term The franchise set forth in Articles I through VI hereof shall become effective upon the approving vote of the qualified taxpaying electors of the City as required by Section 1 of Article XIII of the City Charter The terms and conditions hereof shall remain in full force and effect for a period of twenty (20) years from and after said effective date Within ten (10) days after approval by the said vote of the qualified taxpaying electors the Company shall file in the office of the Clerk of the City an acceptance in writing of the terms and conditions thereof 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 City for the purpose of removing therefrom any and all of its plants structures pipes mains, or equipment pertaining thereto at any time after the City 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 made by it in the graveled or paved streets alleys bridges viaducts roads lanes public ways and other public places after the removal of its mains, pipes or other structures Section 3 Acquisition by City The City shall at any time here after have the right and power to purchase or condemn such plants works and distribution system of the Company in the City or adjacent areas served from said system as an operating unit at its fair valuation and at a price excluding all value of this franchise or right of way through the streets avenues and alleys of the City as provided by the laws of the State of Colorado and the Charter of the City Section 4 Valuation Arbitration The fair valuation shall be made as provided by laws of the State of Colorado and the Charter of the City and shall be determined by agreement of the parties hereto In the 6 event of a failure to reach such agreement within ninety (90) days after the City notifies the Company of its desire to purchase such property in whole or in part and as provided in Section 3 above the City, at its elec tion may demand an award by arbitration or may condemn said property The arbitration shall be by three disinterested persons one of whom shall be chosen by the City, one by the Company herein, and the third by the two first chosen If the two chosen cannot within ten days after their appointment agree upon a third arbitrator such third person shall be appointed by the presiding Judge of the United States Circuit Court of Appeals Tenth Circuit In the event the Company herein fails to appoint an arbitrator within ten days after notice from the City then he shall be appointed for the Company by any judge of the District Court for Larimer County Colorado Section 5 Transfer of Ownership If the property of the Com pany herein is purchased by the 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 con veyance and the City after purchasing the property of the Company 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 pro- perty may proceed to operate said plant Section 6 Restriction on Stock Issuance The Company shall be prohibited from issuing any stock upon the value of this franchise Section 7 Police Power Reserved The right is hereby reserved to the City to adopt, from time to time, in addition to the provisions herein contained such regulations 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 7 } Section 8 Non Exclusive The right to use and occupy the streets alleys and other public places for the purposes herein stated shall not be exclusive Section 9 Forfeiture In the event of the failure of Company to perform and carry out any of the stipulations and agreements herein set forth in any substantial particular and with respect to which redress is not otherwise herein provided the City acting by and through its Mayor and Council may after hearing determine such substantial failure and thereupon after notice given the Company of such determination the Company shall have six (6) months time in which to remedy the conditions respecting which such finding shall have been made After the expiration of such six months period and failure to correct such conditions, the Mayor and Coun- cil may declare this franchise forfeited and thereupon the Company shall have no further right or authority hereunder Section 10 Restriction on Assignment This franchise shall not be leased, assigned or otherwise alienated without the express consent of the City agreed to by ordinance or resolution of the City Council of the City and any assignment or sale of this franchise to any corporation with out the consent of the City as aforesaid shall at the option of the City Council of the 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 - 8 - Section 3 The said election shall be held at the following places in the election precincts in the City of Fort Collins Colorado to wit Precinct Al Fire Department Old City Hall at 238 Walnut Street Precinct B1 City Hall at 300 LaPorte Avenue Precinct B3 Washington School at 223 South Shields Street Precinct B4 - Putnam School at 1400 Wilson Street Precinct Cl Lincoln Junior High School at 417 South Meldrum Street Precinct C3 Dunn School at 501 South Washington Street Precinct C6 - Immanuel Southern Baptist Church at 1725 West Mulberry Street Precinct C7 Colorado State University Men s (G ymnasium Building at the 900 Block of South College Avenue Precinct C9 Shepherd of the Hills Lutheran Church at 1200 South Taft Hill Road Precinct Dl Remington School at 318 Remington Street Precinct El Laurel School at 330 East Laurel Street Precinct E2 Fort Collins High School at 1400 Remington Street Precinct E4 Barton School at 703 East Prospect Street Precinct E5 0 Dea School at 312 Princeton Road Precinct E6 Lesher Junior High School at 1400 Stover Street Section 4 The polls shall be opened at the hour of 7 00 A M and shall remain open continuously until and be closed at 7 00 P M of said day Section 5 The said election shall be held and conducted as nearly as may be in the manner prescribed by law in the case of elections for municipal officers Each elector offering to vote in said election must be a qualified taxpaying elector and must be registered in accordance with the provisions of the Charter Section 6 The use of automatic voting machines to record the votes at said election is hereby authorized Section 7 Absentee voting shall be permitted in accordance with the provisions of applicable State laws Section 8 That the official ballot on the automatic voting machines (and on any written paper ballots required) shall show the nature of the question to be voted upon as set forth below and the voting machines and paper ballots used at said election shall carry the following designation which shall be the submission clause and each elector voting at said election aid desirous of voting for or against the following question shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word FOR or the word AGAINST or by appropriate marking upon paper ballots where used Shall the City of Fort Collins grant to Public Service Company of Colorado its successors and assigns a franchise to render gas public utility service within the City of Fort Collins as set forth in Ordinance No 40 1967 FOR THE FRANCHISE AGAINST THE FRANCHISE Section 9 That no vote either for or against the question so sub- mitted shall be received by the judges unless the person offering the same shall be a duly qualified voter in the precinct in which he offers to vote and in addition thereto said person is a taxpaying elector as defined in the election laws applicable in the premises Section 10 The City Clerk shall give notice of registration by advertisement in the Fort Collins Coloradoan an official newspaper in the City of Fort Collins Colorado for ten days prior to September 29 1967 and by posting a printed notice of registration on the outside of the City Hall at least ten days prior to September 29 1967 to the effect that registration will be held in the City and the City Council finds and determines that such notice is sufficient adequate and reasonable notice to all qualified taxpaying electors to register for said election to be held on October 10 1967 Regis tration for voting will be open as soon as convenient and continue open until the close of the office of the City Clerk at 5 00 P M on September 29 1967 Section 11 The City Clerk under the direction of the Board of Election shall prepare the ballots to be used at the aforesaid election as provided in Section 7 Article XVI of the City Charter and the City Clerk shall publish notice and call said special election as herein authorized in accordance with Section 5 Article XVI of the City Charter Said City Clerk / b under the direction of the Board of Election, shall arrange the polling places, matters of registration and all other details necessary for the election Section 12 That the votes cast at said election on the question so submitted shall be canvassed by the Board of Elections tallied and the return thereof made and the resultthereof declared substantially in the same manner as is provided by law of the canvass tally return and declaration of the results of votes at election for officers of the City of Fort Collins If a majority of all the votes cast at said election shall be for the grant of said franchise to Public Service Company of Colorado, its successors and assigns, then upon the filing by said Company of its acceptance of such franchise with the City of Fort Collins, the same shall be in full force and I effect I i Introduced considered favorably on first reading and ordered i published this 3rd day of August, A D 1967, and to be presented for final I passage on the 24h day of August, A D 1967 I May r Assistant) ATTEST .mac-vzc__ City Clerk Passed and adopted on final reading this 24th day of August A D 1967 /Y 1 Mayor CAsssistant ATTEST City Cl Iftk i r