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HomeMy WebLinkAbout006 - 07/18/1904 - RELATING TO THE GRANTING OF A FRANCHISE FOR THE ERECTION AND OPERATION OF GAS WORKS Proposed Ordiaanas rubiie notice is hereby given that the following ordinance was introduced, read and ordered printed at a regular nesting of the City Council of the City of Fort Collins, Colorado, hold dune 20, A.D. 1904. City Clerk. ORDINANCE Vo. 60 1904. RELATING V) THG GRANTING OF A FRANCHISE FOR THE ERECTION AND ()PEIIATION OIL GA�q WWI. Be it ordained by the City Council of tk°.e City of Fort Collins, Colarado: Section I.. Permission is hereby 7tven to Frank FnQlish, his heirs anri assigns. hereinafter called the grantee, to construct , maintain and operata, a system of gas works in the city of ?ort Collins, and to lay, operate and maintain, all. such mains and ether pipes as are or :nay be necessary and useful for the purpose of supplying the inhabi- tants of said city with commercial ryas of standard quality, for illum- inatin-, fuel and power purposes, alone any and all streets and alleys and upon or under any and all brid"s in said city, for a period of twenty years from and after the passane of this ordinance. Section 2. All such mains and pipes shall be laid at least three feet below the existirnp surface of the streets and alleys, and shall be laid so as not in any wise to interfere with any part of the exist- ing water works or with the existing sewer system of said city; and if at any time hereafter said water works system or said sewer system shall be extended or than-ed in any manner, and such extension or ehanae shall require tiie use of any space or place where said gas mains or pipes are laid, then and in such case said water wor s and sewer systems shall have the riwht of way in and at any such. pace or place, and the erantee herein shall, upon five days notice, remove and channe the location of said gas mains and pipes, at such space or place, so as not in any manner to delay, hinder or interfere with such extension or chanrye. Section 3 . Any and all trenches in which said mains or pipes may be laid shall he promptly filled in with earth, stones or gravel, or with all, so as to leave the streets and alleys through which said mains or pipes may be laid, in as 7ood condition as they were previous to the layin- of said mains or pipes, as far as practicable ; and no street or alley shall be kept torn up any longer than is necessary to lay said mains or ?)ipes, or to make extensions or repairs. Section 4. The said Qraitee may and shall char[?e not to exceed one collar and fifty cents war one thousand cubic feet of gas consumed for lighting, and one dollar per one thousand cubic feet of gas con- sumed for fuel or power purposes. Section 51 The cyrantee herein shall commence the construction of said aa.s works, and t,,e laying of said +qas mains or pipes within nine- ty days from the passa,xs and adoption of this ordinance, and the same shall be in full operation within one year after the passage and adop- tion of this ordinance. S Section 6. Said gars works shall be so constructed as to produce gas equal or superior in quality to the ordinary commercial coal gas, and to be of sufficient capacity to produce not less than 200, 000. cu- bic feet of !gas in each twenty-four hours. Section 7. The grantee herein,' upon bona fide application for im- mediate consumption, of five or more residents or property owners in any one block, contiguous to mains alreadv laid, shall, within thirty days after such application, lay or cause to be laid in such block, mains and pipes for the service of gas to said applicants and to oth- ers in such block who may desire to use gas. Section 8. In the event of the failure of said grantee to be in readiness and ability to serve consumers with gas capable of producing, sixty candle power light when used through a Welsbaeh burner of stand- ard size and quality, for the period of twenty consecutive days, after said gas works have been placed in operation, unavoidable accident excepted, then the permission granted herein and the provisions hereof shall become inoperative, null and void. Section 9. Before entering upon the construction of said gas works, the Prantee herein shall furnish a good and sufficient bond in the sum of five thousand dollars, indemnifying and saving the city Of Fort Collins harmless on account of any negligence of the grantee, his heirs, assigns or contractors, in the construction of said works. Dur- ing the construction of said works, or any repairs or extension of the same, all trenches and obstructions placed in and upon the streets and alleys by said grantee, his heirs, assigns or contractors, shall be properly guarded at all times, and lighted at night, so as to warn persons of danger and prevent injury or accident. Section 10. In consideration of the franchise hereby granted, the grantee shall cause to be paid to the said city of Fort Collins, an- nually, after the year 1908, one per cent. of the gross receipts to be . .... ., Z. ,ja year zrum Tno up¢raciun ui b"a gaa wark8. Section 11. The city of Fort. Collins shall at any time have the right and power to purchase or condemn said gas works at their actual cash value and at a price excluding all value of said franchise or right of way through the streets and alleys of said city; provided, however, that said city shall have no authority to condemn such gas works within twenty years after the original erection or construction Of the same, except at periods of ten and fifteen years after the granting of this franchise. Section 12. Said grantee shall signify his acceptance of this franchise in writing and shall file said acceptance with the City Clerk of the city of Fort Collins within ten days after the adoption hereof, and in default of such acceptance this ordinance and the per- mission granted herein, and all the provisions hereof, shall then in- stantly become and be inoperative, null and void. The foregoing ordinance was introduced and read at a regular meeting of the City Council of the city of Fort Collins, Colorado, on the 20th day of June, A.D. 1904, and was published in the Fort Collins y f on the P-Zoday of June, A. DM#1"d was duly passed and adopted by the said city Council at the regular meeting held on the 18th day Of July, A. D. 1904. Attest /�. O -/_-f_ _ _ ActiAcid - - - -- ---- '- ng Mayor City Clerk.