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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