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HomeMy WebLinkAbout013 - 09/11/1947 - RELATING TO THE GRANTING OF A FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO, FOR FURNISHING GAS, E ry e 1 ORDINANCE NO 13 1947 AN ORDINANCE BELAYING TO THE GRANTING OF A FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO, A CORPORATION, ITS SUCCESSORS AND ASSIGNSt FOR FURNISHING GAS. EITHER NATURAL, ARTIFICIAL OR MI1®D9 AND GAS SERVICE TO THE CITY COP FORT COLLINS AND ITS IIMABITANTS AND GRANTING TO SAID COMPANY THE RIGHT TO USE AND OCCUPY THE STREETS, AVENUES, ALLEYS. BRIDGES, ROADS, PUBLIC MAYS AND PLACES IN THE CITY FOR A PERIOD OF TWENTY YEARS FROM TBE DATE OF APPROVAL BY V E QUALIFIED TAXPAYING ELECTORS UNDER THE PROVISIONS OF ARTICLE XVIII OF THE CITY CHARTER. AND PROVIDING FOR SUB.. MISSION OF SAID ORDINANCE TO A VOTE OF TIE QUALIFIED TAEPATING ELECTORS, PURSUANT TO THE PROVISIONS OF SECTION 1 OF SAID ARTICLE XVIII OF THE CITY CHARTER, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT OOLLINSt Section 1. The right is hereby granted to Public Service Company of Colorado, a corporation, its successors and assigns, here— inafter called the Grantee, to maintain and operate its present sy- stem of gas works, pipelines and distributing system as now construct-. ed$ and to add to, extend and reconstruct the same as may be necessary and useful for the purpose of eapplying the City of Fort Collins and the inhabitants thereof with gas, either natural, artificial or sized of standard quality for all purposes, along any and all streets, avenues, alleys, bridges, roads$ public rays and places 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 the date of ap- proval by the qualified taxpaying electors. Section 2 That the streets and avenues of the City of F_vt Collins, upon, under and through which said pipelines and distributing system of said Grantee may be laid and as followst 7 STRWS: Endicott, Cowan, Stover, Smith, Whedbee, Peterson, Mathews, Remington, Chestnut, Linden, Pine, Walnuts Jefferson, Willow, Colorado. Gordon, Waynes Mack, Scotts Lyone, McKinley, Pearls Beet Lindens First, Second, Third, Fourth, Fifth, Buckeye, Pitkinss Edwards, Garfield, Elisabeth, Locust, Plop, Maple, Cherry, Sycamores Elm, Woods Park, West, Borth and South Mason, Forth and South Howes, Borth and South Heldrum, Borth and South Sherwood, Borth and South Whitcomb, and Borth and South Shields, Bast and West Laurels East and West Myrtle, Bast and West Mulberry, Bast and West Magnolias Bast and West Olivee East and West Oaks and Fast and West Lake= Vine and Poudre Place= Bungalow Court and Prospect AMMUSi Cannon, Riversides Laporte, Woodford, Akin, Jackson, McKinley, Roosevelt, Bryan, Logan, last Lineolns Loonies Grant, Washing tons Borth and South College and Fast and West Mountain= and Washington Place and Trimble Court and Fishback Avenge. Section 3. That the alleys of the City of Fort Collins, upon, under and through which said pipelines and distributing system of said Grantee may be constructed and maintained are as follows: All alleys in Blocks is 2s 39 119 12s 13s 149 15, 189 19, 213, 229 319 329 33s 411 439 51s 52* 53s, 54, 61, 629 639 649 659 71s 72s, 739 75, and 769 the alleys between Blocks 76 and 170, and all alleys in Blocks 81, 620 85 and 869 the alley between Blocks 86 and 879 all alleys In Blocks 91s 93s A 102s 103s 104, 111, 112s 113 and 114= also all alleys in Blocks 95, 96s 105e 106s 115 and 116s all in Harrisonts addition= all alleys in Blocks 121 to 129 inclusive, 131 to 1399 inclusive, 141., 143 to 149, inclusive, 151 to 1599 inclusive, 162 to 169, inclusive, 173 to 176, inclusive, 178, 1799 184 to 186, inclusive, and 196 also, all alleys in Blocks 5 to 129 inclusive, in Buckingham Place Addition also, all alleys in Blocks 267 to 270e inclusive, 277 to 280s inclusive, and 287 to 290s inclusive, all in Loomis Addition, also, Blocks 1 and 2 in Washing. ten Place Addition= also, all alleys in Blocks 3 to 5, inclusive, Prospect Place Addition, also, alleys between Block 3, Washington Place Addition and Block 29 Prospect Place Addition, and between Block 4, Washington Place Addition, and Block 1, Prospect Place Addition= also, alleys in Blocks 1 to 7, inclusive, in Scott-Sherwood Addition also, all alleys in Van Slyke-Setsler Addition, all alleys in Swett's Addition, all alleys In Henselts 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, all alleys 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 Co Moorets let Addition; all alleys in Blocks 6, 7, and 8, L. C. Koorete 2nd Addition all alleys in Blocks 1 to 6, inclusive, Westlown Additions; all alleys in Blocks 1 to 18, inclusive, Crafts Hesubdivision of Lake Park Addition, and the alley in Block 1, G. G. Wiardts Addition and the alley in Block 188 at Stover and Elisabeth Streets; and the alley in Block 195 at Cowan and Myrtle Streete, all alleys In Blocks 1 and 2s Sitrmante Addition, all alleys in Blacks l to 9, inclusive, L. C. Moorets 3rd Addition, the alley in Block 23 at College Avenne and Maple Street all alleys in Blocks 271, 2810 and 291, inclusive, between Whitcomb and Washington Streets all alleys in Blocks 8, 9 and 11, ia» elusive, Scott.-Sherwood Addition all alleys in Blocks 1, 2 and 3, inclusive, Babbitt Addition all alleys in Blocks 1 to 6 inclusive, genvood Heights Addition and all alleys in Blocks 1 and 2, Bradleyts Addition• Section 4. Whenever the said City of sort Collins shall include within its corporate limits territory outside the present limits thereof, the Grantee herein shall have the right to ley its main* and pipes in any and all streets, avenues, alleys, bridges. roads, public ways and places of said Additions to said City, the same as if said streets, avenues, alleys, bridges, roads, public ways and places were herein particularly described. Section 5 All mains and pipelines hereafter installed shall be constructed in a workmanlike manner in accordance with accepted practice and shall be laid so as not in anywise to interfere with any part of the existing water works or with the existing sever system of said city= provided, that existing pipelines may be maintained as now laid until - 3 - ordered changed by the City of Sort Collins, and if at any time hereafter said rater works system or serer systems shall be extended or changed in wW manner and such extension or change shall require the use of any space or place where "Id gas mains or pipes are laid, then and in such case said water works and serer systems shall have the right of way in and at such space or place and the Grantee herein shall upon five dayst notice remove and change 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 ohange The City shall have full power to requirs 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 6. All trenches in which said mains and pipes may be laid shall be promptly filled in with earth, sand or gravel, so as to leave the streets. avenues and alleys through which said mains or pipes may be laid in as good condition as the same were previous to the laying of said mains or pipes so far as practical In case any mains or pipes are laid on a paved, graveled or surfaced street, avenue or alley, the Grantee herein shall replace or cause to be replaced at Grantees expense the surface with the same material an near as may be as was used in said paving. surfacing or graveling, and no street, avenue or alley shall be kept torn up longer than is necessary to lay said mains or pipes, or to make extensions or repairs. Section 7. Grantee, upon request of City Engineer& shall advise the Engineering Office of the City of Fort Collins of any changes in or additions -to the gas distribution mains and pipes within the City of Sort Collins. Section 8 All rates together with conditions under which all rates shall be applied and the General gas Service Rules and Regulations, the Special Gas Berrie* Roles and Regulations pertaining to the various classes of service and the Service Connection and Main Extension Policy under which Roles. Regulations and Policy all service is supplied shall be kept on file at the office of the City Clerk and available for in. spection at the office of the Company. - 4 - The following schedule of rates now in effect @hall continue In accordance with the terns of this franchise RESIDENTIAL SERVICB Block late First 400 cubic feet or lose used per month $0 90 Next 1100 cubic feet used per month, per 100 amble feet OS Next 2500 cubic feet used per month, per 100 cable feet o05 All additional amble feet used per month, per 100 cubic feet 0039 K imam Net minimum charge per meter, per month 090 Contract Period All contracts shall be for a minimum period of thirty days and thereafter until terminated on two days$ written notice COMERCIAL SERVICE - GENERAL Ayylleability Applicable for all Commercial Service In consideration of the special commodity charge all contracts under this schedule are subject to prior rights to any available gas of all customers on the Residential Rate. Three Part Bate First 5000 cubic feet used per month, per 1000 cubic feet $0 40 Next 15000 amble feet used per month, per 1000 cubic feet •35 Next 30000 cubic feet used per month, per 1000 cubic feet ,30 Neat 50000 cubic feet used per month, per 1000 cubic feet 025 All additional cable feet used per month, per 1000 cubic feet ?0 Plus - Customer Charge Per meter, per annum, payable in twelve monthly instal- lments $9 00 Plus - Reserved Capacity Charge, A demand, capacity or reservation charge per annam, per cubic foot of maxim= hourly demands payable in twelve monthly installments $0.?4 - 5 - Minimum Not minimum charge equal to sum of Customer Charge and Reserved Capacity Charge of rate, but not less per motor. per months than $1.20 Contract Period All contracts under this schedule shall be for a minimum period of twelve months and thereafter until terminated 19 ten dayst written notice. IHTERR01'TIME INDUSTRIAL SERVICE Complete and Adecaate Standby Required Applicability Applicable to Industrial and Large Commercial Service only where customer has installed and maintains complete and adequate standby equipment as specified in the Industrial Gas Rules and Regulations Not applicable to Residential or General Commercial Services or for standby or resale purposes Rate First 10000 cubic feet or less used per month $10.00 Heat 40000 cubic feet used per months per 1000 cubic feet .50 Hest 50000 cubic feet used per months per 1000 cubic feet •35 Hest 200000 cubic feet used per months per 1000 cubic feet .95 All additional cubic feet used per months per 1000 cubic feet 20 In calculating the monthly bills the volume of gas as registered on the meter shall be adjusted to a volume based on sixty degrees Fahrenheit and at a pressure of four ounces per square inch above average atmospheric pressure. Minimum Not minimum charge as specified in individual applications but not less per year than $500900 Contract Period Contracts under this rate schedule shall be for a period of twelve months and thereafter until terminated by thirty days' notice in writ— ing by either party to the other, except that failure by customer to interrupt use of gas service as provided by cub-off provisions of . 6 - the rate or to conform to the standby requirements shall mate eustomerte contract for service hereunder subject to Immediate cancellation At the expiration of each five (5) year period following commencement of service under this franchise, upon sixty (60) days* written notice by either party, the parties hereto agree to confer upon the matter of revising the rates hereinabove set forth Provided, however, that the provisions of this section shall not be construed to prevent a read-* justment of rates at an earlier date as provided by law, if the exist-. ing conditions warrant such readjustment. Section 9 Main Rxtension. For residential and small commercial service of permanent ehargeter, the Grantee shall install at Its sole expense, if necessary, gas main construction equivalent in cost to one hundred dollars ($100.00) for each applicant Where the total cost of necsssary extension and/or reinforcement is in excess of one hundred dollars ($100 00) per applicant, applicant or applicants shall advance to Grantee the amount in excess of free construction, which shall be subject to refund by Grantee as followss For each additional customer connected to said gas main extension within a period of five (5) years from date of completion of said extension and where only a gas service connection is required, a refund of one hundred dollars ($100 00) shall be made, provided that in no case shall total refund exceed original deposit. .Any advance not refunded at expiration of specified refund period or upon termination of service shall be re- tained by and become property of Grantee Section 10 As compensation for this franchise and as an occupancy and license tax, and accepted by the City in lien of all other special taxes, assessments or excises upon the pipes, mains, meters or other property of the Grantee, or other levies that might be imposed, either as a franchise tax, occupancy tax, license tax, or for the inspection of pipee, mains, meters, or other property of the Grantee, or otherwise, the Grantee shall pay annually to the City of Fort Collins a am equal to one percent (1%) of its gross revenue derived from the sale of gas within the corporate limits of the City, after adjustment for the net writs-off of uncollectible accounts and w 7 .. corrections of bills theretofore rendered$ provided there shall be ex- cluded the revenue received from the City itself, for gas furnished it. Such payments shall be made on or before the first day of March of each year for the calendar year nest previous, including the portions of the years at the beginning and expiration of this franchise For the pur- pose 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 the City of Fort Collins shall have access to the books at the local office of Grantee in said City for the purpose of checking the gross revenue received frtm the sale of gas with- in said City. Section 11 The City of Fort Collins shall, at any time here- after, have the right and power to purchase or condemn such plant, property, distribution systems in whole or in part, of the Grantee$ 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 said City. Section 12 The fair valuation shall be made as provided by laws of the State of Colorado and the Charter of said City of Fort Collins, and shall be determined by agreement of the parties hereto In the event of a failure to reach such agreement within ninety (90) days after the City notifies the Grantee of its desire t�q purchase such property, in whole or In part, the City, at its election, may demand an award by arbitration, or may condemn said property or such part as the City desires to purchase The arbitration shall be by three disinterested persons, one of whom shall be chosen by the City, one by the Grantee 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 Grantee herein fails to appoint an arbitrator within ten days after notice from the City then he shall be appointed for the Grantee by any judge of the District Court of Lartmer County, Colorado. Section 13 If the property of the Grantee herein is purchased IV the said city, the plant and property so purchased and paid for shall - 8 .. become the property of the city by virtue of the grant and payment there- under and without the execution of amv 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 am fran- chise as to provided by the Charter, and the new owner of the property may proceed to operate said plant Section 14 The Grantee herein shall be prohibited from issuing any stock upon the value of this franchise. Section 15 The right is hereby reserved to the City to adapt, 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. Section 16 This franchise shall not be leased, assigned or otherwise alienated without the express consent of the City of Fort Collins, agreed to by ordinance or resolution of the City Council of the said City, and any assigmnent 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 XVIII of the Charter of the said City of Fort Collins, Insofar as the same are applicable to the grants and powers herein specift- eally net forth, and the Grantee herein shall be subject to all the duties and obligations set forth in said Article of said Charter, the acme as if the same were fully not forth in terms in this franchise. Section lg The City of Fort Collins may revoke this franchise for violation of any of the substantial terms and conditions thereof by the Grantee herein, upon giving said Grantee written notice of thirty (30) days within which to comply with said terms and conditions. Section 19 Said Grantee shall signify its acceptance of this franchise ordinance in writing on or before the 21st day of October . 19470 and shall file said acceptance with the City Clerk of the City of - 9 - 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 accep- tance this franchise and the grants herein contained and all provisions thereof shall then immediately become in—operative, null and void. Section 20 The Grantee herein, before this ordinance shall be submitted to a vote, as provided in Section 1 of Article %VIII of the City Charter, shall cause 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 14th day of0at ober , 1947; including the costs of publications, the preparation of ballots and further, the Grantee herein shall provide at its own expense a certified list of the taxpaying electors In each precinct 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 21 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 a call for a special election to be held on the 14th day of October , 1947, such call to provide 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 ordinance granting a gas franchise to Public Service Company of Colorado:" "Against the ordinance granting a gas franchise to Public Service Company of Colorado:" and in connection with said call for the election upon this ordinance the City Clerk shall cameo to be published in the official newspaper of the City for three times, a week apart, the proposed franchise ordinancs; at which election all persons desiring to vote upon said question shall be not only qualified electors under the law bat shall in addition be tax. Wing electors as required by the Charter in order to vote on said question And the City Clerk to hereby authorised and empowered to not only provide the necessary ballots for submitting the said ordinance to the vote of the qualified taxpaying electors at said election bat shall — 10 — provide a ballot box within which the votes so cast at said election shall be canvassed by the board of election judges as required by law Section 22 The franchise shall take effect upon its ap. proval by vote of the qualified taxpaying electors of the City and shall continue in effect for a term of twenty (2D) years from such approval Introduced, read at length and adopted by they u a.ni mn ,a vote of all members of the City Council this 11th day of September A. D 1947 Commissioner of Public Safety and Health and ex-officto Mayor ATTpST —City Clerk w 11 •• STATE OF COLORADO, ) ss County of Larimer ) I, MILES F HOUSE, City Clerk of the City of Fort Collins, do hereby certify and declare that the aforesaid Ordinance, consisting of twenty-two sections was duly proposed and read at length at a regular meeting of the City Council, held on the llth day of September, A D 1947, and was duly adopted and ordered published in The Fort Collins Coloradoan, a daily newspaper and official newspaper of the City of Fort Collins, by the unanimous vote of all members of the City Council, as an Emergency Ordinance, in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter, and thereafter and on, to-wit the 16t1day of September A D 1947, the said Ordinance No 13 was duly published in the Fort Collins Coloradoan, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this 16th day of September , A D 1947 City Clerk