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HomeMy WebLinkAbout1969- 1 Granting Franchise by the TOV to Public Service Company of Colorado- --- ' . i r t' ~~ ORDINANCE N0. 1 Series 19bg AN ORDINANCE GRANTING A FRANCHISE BY THE 'TOWN OF VAIL, EAGLE COUNTY, COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO, TTS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, PURCHASE, ACQUIRE, LOCATES MAINTAIN, OPERATE, AND EXTEND INTO, WITHIN AND THROUGH SAID TOWN, PLANTS, WORKS, SYSTEMS AND FACILITIES, FOR THE PURCHASE, STORAGE, TRANSMISSSON AND DISTRIBUTION OF GASEOUS FUELS, OR MIXTURES THEREOF BY MEANS OF PIPES, MAINS, OR OTHERWISE, OVER, UNDER, ALONG AND ACROSS ALL STREETS, ALLEYS, V3ADUCTS, BRIDGES, ROADS, LANES, PUUBLTC WAYS AND OTHER PUBLIC PLACES TN SAID TOWN OF VAIL, TO SELL, FURNISH AND DISTRI- BUTE SAID PRODUCT TO THE TOWN OF VAIL AND THE IN- HABITANPS THEREOF, AND FIXING THE TERMS AND CON- DITIONS THEREOF. ~~a~-~~~~~~ BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL, EAGLE COUNTY, COLORADO: ARTICLE I. Whenever the word Town is hereinafter employed it sha11 desig- Hate the Town of Vail., Eagle County, Colorado, the grantor, and whenever the word Company is used it shall designate not only Public Service Company of Colorado, a Colorado corporation, the grantee, but also a.ts successors 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 Town to the Company the franchise right, privilege and authority to con- struct, purchase, acquixe, locate, maintain, operate and extend into, within, and through said Town, plants, works, systems and facilities for the storage, purchase, transmission and distribution of gaseous fuels, (natural, artifa,cial, synthesise liquefied natural, liquefied petroleum, manufactured, or any mixture thereof) for heating, cooking, cooling, or other similar utility purposes, with the right and privilege for the period and upon the terms and conditions hereinafter specified to sell, furnish, and distribute said gaseous fuel to the Town, and the inhabitants • • ~ 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 Town and over, under, along and across any extension, connection with or-continuation of the same and aver, 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 Town. 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 Town and supplying gaseous fuels to said Town and the inhabitants thereof and in the territory adjacent thereto, provided, however, that the Company shall so locate its plants, •w•orks, transmission and distribution structures, equip- meet, mains and pipes within said Town 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 side- walk, 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. Town Held Harmless. The Company shall so maintain its structures, apparatus, mains, pipe and other equipment as to afford all - 2 - ~ ~ reasonable protection against injury or damage to persons or property therefrom, and the Company shall save the Town harmless from all liabi- lity or damage and a~.l reasonable expenses necessarily accruing against the Town arising out of the negligent exercise by the Company o£ the rights and privileges hereby granted; provided, that the Company shall have had notice of the pendency of any action against the Town 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 ~. Changes at Company Expense. If at any time it shall be necessary to change the position of any gas main or service con- nection of the Company to permit the Town 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 grass heating value of not less than the heating value set forth in applicable and effective Rules and Regula- Lions as are from time to time filed with The Public Utilities Commission off' the State of Colorado. Sectian ~. Adequac:v 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 pro- cure the same, the Company shall and is hereby authorized to supply an ade- quate amount of other gaseous fuels, as hereinbefore defined, or mixtures thereof, to satisfy the requirements of the Town 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, -3- • • ~ or mixtures thereof, shall be supplied by Company in accordance with all applicable rules and orders of The Publie Utilities Commission of the State of Colorado. ARTICLE zv. Section 1. Rates - Regulation. The Company shall furnish gaseous fuels within the corporate limits of the Town or any addition thereto, to the Town and to the inhabitants thereof, and to ax~y person or persons or corporation doing business in the Town or any addition there- to, at the rates and under the terms and conditions set forth in the Rate Schedules, Standards for Service, Rules and Regulations, and Sexvice Con- nection and Extension 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 sha11 not, as to rates, charges, service, facilities, rules, regulations or in any other respect make or grant any preference or advantage to any corporation ax person or subject any corporation or person to arty prejudice or disadvantage, provided that nothing in this grant shall be taken to pxohibit the estab- lishment from time to time of a graduated scale of charges and classified rata schedules to which any customer coming within an established classifi- cation 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 Tom just~.fy, in accordance with its Rate Schedules, Standards for Sexvice, Rules and Regulations, and Service Con- nection and Extension Pola.cies 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 ~. 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 payment therefor, and the interference with, or alteration of any of the - ~+ - . ~ • a Company's property upon the premises of its customers, as shall be neces- sary 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 Leadville, Colorado, available to 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 Town in lieu of all occupancy or occupa- tion 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 occupation tax, license tax, permit charge, or for the inspection of pipes, mains, meters, or other property of the Company, or otherwise, the Company shall pay to the Town a sum equal to two percent (2~0~ of its gross revenue derived from the sale of gaseous fuel within the corporate limits of the Town, excluding all revenue received in excess of 2500.00 derived per annum from the sale of gaseous fuel rendered to each customer at any one location. Payments shall be made on or before the first day of March each year for the calendar year next previous. Pay- menu far the portions of the initial and terminal years 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 Town Clerk and~or any committee appointed by the Board of Trustees of said Town shall have access to the books of said Company for the purpose of checking the gross revenue received from operations within said Town. -5- • • i It is expressly understood that nothing in this Section shall. be deemed to limit or prevent the Town from imposing a sales tax or other similar tax, the obligation for payment of which is passed on to the consumer, or limit or prevent the assessment of general ad valorem taxes upon, the property of the Company within the municipality. T'he term "gross revenue" as used herein shall be construed to mean any revenue derived under authorized rates, temporary or permanent, within the Town from the sale of gaseous fuels after the net write-off off' uncollectible accounts, corrections of bills theretofore rendered and any adjustments of charges theretofore made. ARTICLE VT. Section 1. Term - Effective Date. This ordinance shall become effective on March 1, 1969, upon acceptance in writing by the Company before said date, and the terms, conditions and covenants thereof shall remain in fu11 force and effect for a period of twenty-five (25) years from and after said effective date. Section 2. Removal.. Upon the expiration of this franchise, if the Company shell 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 Town, for the purpose of removing therefrom any or all of its plants, structures, pipes, mains, or equipment pertaining thereto, at any time after the Town has had ample time and opportunity to purchase, condemn or replace them. Tn so remov~.ng said pipes, mains or other property, the Company shall, at its own expense and in a ~rorkmanlike manner, refill any excavations that sha11 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• Assignment. Nothing in this ordinance shall be so construed as to prevent the Company from assigning all of its rights, title or interest, gained or authorized under or by virtue of the terms of this ordinance, subject to the condition that any assignment must be approved by the Town. Approval. of the Town shall be withheld only upon reasonable grounds, -6 - ~ 1, ~ r which shall be stated to the Company. In the event of any proposed sale or transfer of the plant or system of the Company within the municipality the Town shall be promptly notified and shall be given the right of first refusal to purchase said plant and system upon the same terms offered the Company by any bona fide third party offeree. Section ~. Police Power Reserved. The right is hereby reserved to the Town to adopt, from tame to time, in addition to the provisions herein contained, such ordinances as may be deemed necessary ire the exercise of its police power, provided that such regulations shall be reasonable and not destructive of the rights herea.n granted, and not in conflict with the laws of the State of Colorado, or with orders of other authorities having jurisdiction in the premises. TNTRODTJCED, READ AND ORDERL~D PUBLISHED, the 2~rd day of December , A. D. 19b ~. PASSED, ADOPTED AND APPROVED, this 13th day of January , A. D. 195 R. SEAL ATTEST: ~~ Town Cler$ / ~ /, „~~ _~_ which shall. be stated to the Company. In the event of any proposed sale or transfer off' the plant or system of the Company within the municipality the Town shall be promptly notified and sha11 be given the right of first refusal to purchase said plant and system upon the same texms offered the Company by any bona fide third party offeree, Section ~. Police Power Reserved. The right is hereby reserved to the Town to adopt, from time to time, in addition to the provisions herein contained, such ordinances 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 Law's of the State of Colorado, or with orders of other authorities having jurisdiction in the premises. ) INTRODUCID, READ AND C?RDERED PUBLISHED, the ~ ~ ~~ ( day of ~~ c.. z-~... ~. , A. D . 196, PASSED, ADOPTED AND APPRQVED, this 23rd day of December , A. D. 196 68 SEAL ATTEST: ~ Town. Clerk ' / ~/~ l ! / ~~~+ Mayor 7 -