HomeMy WebLinkAboutOrdinance-1970-0019 - Public Service Company of ColoradoFTiv 7- IF 0 /0 d gY %COEPNr xN l~~,o~
ORDINANCE NO. 19 Series of 1969
AN ORDINANCE GRANTING A FRANCHISE BY THE CITY OF
WHEAT RIDGE, JEFFERSON 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 GENERATION, PRODUCTION, MANU-
FACTURE, PURCHASE, STORAGE, EXCHANGE, TRANSMISSION
AND DISTRIBUTION OF ELECTRICAL ENERGY, GASEOUS
FUELS OR MIXTURES THEREOF, BY MEANS OF PIPES,
MAINS, CONDUITS, WIRES, CABLES, POLES AND STRUC-
TURES, OR OTHERWISE, ON, OVER, UNDER, ALONG AND
ACROSS ALL STREETS, ALLEYS, VIADUCTS, BRIDGES,
ROADS, LANES, PUBLIC WAYS AND OTHER PUBLIC PLACES
IN SAID CITY OF WHEAT RIDGE TO SELL, FURNISH AND
DISTRIBUTE SAID PRODUCTS TO THE CITY AND THE
INHABITANTS THEREOF; AND F=G THE TERMS AND
CONDITIONS THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, JEFFERSON COUNTY, COLORADO:
ARTICLE I
Whenever the word City is hereinafter employed, it shall desig-
nate the City of Wheat Ridge, Jefferson 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 its
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
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 genera-
tion, production,, manufacture, storage, purchase, exchange, transmission
and distribution of electrical energy and gaseous fuels (natural, artificial,
synthesis, liquefied natural, liquefied petroleum, manufactured, or any
mixture thereof), for lighting, heating, cooling, power, 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
any or all of said products to the City and the inhabitants thereof, by
means of pipes, mains, conduits, wires, cables, poles and structures, or
otherwise, on, over, under, along and across all streets, alleys, viaducts,
bridges, roads, lanes, public ways and other public places in the City, and
on, over, under, along and across any extension, connection with or con-
tinuation of the same, and on, 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 electrical energy and gas into, within and through the
City and supplying electrical energy and gas to said City and the inhabitants
thereof and in the territory adjacent thereto, provided, however, that the
Company shall so locate its plants, works, substations, transmission and
distribution structures, lines, equipment, mains, pipes and conduits 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 or public place or any other public improvement, the Company
shall repair the same in a workmanlike manner. 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 electric and gas plant equipment and distribution systems as to afford
all reasonable protection against injury or damage to persons or property
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therefrom, and the Company shall save the City harmless from all liability
or damage and all reasonable expenses necessarily accruing against the City
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 pole, gas main, conduit 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.
Section 5. Use of Facilities by City. The City shall have the -
right, without cost, to use all poles and suitable overhead structures
within the City for the purpose of installing wires thereon for any reason-
able City use; provided, however, that the Company shall assume no liability
or expense in connection therewith and such use of said poles and structures
shall not interfere in any unreasonable manner with Company's use of same.
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 effective from time to time 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
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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
applicable rules and orders of The Public Utilities Commission of the State
of Colorado.
ARTICLE IV
Section 1. Rates - Regulation. The Company shall furnish elec-
trical energy and 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,,Standards for Service, Rules and Regulations, and
Service Connection and Extension Policies, as are effective from time to
time with The Public Utilities Commission of the State of Colorado, all of
which collectively are hereinafter referred to as "Company's Tariffs."
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 establish-
ment 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 during the
term of this franchise make such enlargements and extensions of its distribu-
tion systems as the business of the Company and the growth of the City
justify, in accordance with Company's Tariffs.
Section 4. Rules and Re ulations. The Company from time to time
may promulgate such rules, regulations, terms and conditions governing the
conduct of its business, including the utilization of electrical energy and
gaseous fuel and payment therefor, and the interference with, or alteration
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of any of the Company's property upon the premises of its customers, as
shall be necessary to insure 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 local office
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 effective from time to time with the Public Utilities
Commission of the State of Colorado.
ARTICLE V
Section 1. Underground Distribution Lines in New Areas. The
Company will place underground newly constructed electric distribution
lines (including feeder lines) within newly developed areas in the City in
accordance with -the-Company's tariffs as required by subdivision and other
regulations which may be adopted by the City.
Section 2. Overhead Conversion. The Company will cooperate with
the City in undertaking and developing a program of converting to underground
existing overhead electric distribution lines in the City where economically
feasible to do so.
Section 3. Technological Improvements. The Company will intro-
duce technological advances in its equipment and service in the City when
such advances are technically and economically feasible, and of benefit to
the City and its residents.
Section 4. Compliance with Air and Water Pollution Laws. The
Company will so operate its plants and works located in the City as to
comply with applicable air pollution and water pollution laws.
ARTICLE VI
Section 1. Franchise Payment. As a further consideration for
this franchise, and accepted by the City in lieu of all occupancy, occupa-
tion and license taxes or other taxes on the right to do business, or other
special taxes, assessments or excises upon the property of the Company
(except uniform taxes or assessments applicable to all taxpayers or busi-
nesses), the Company shall pay to the City, for the period ending December 31,
1969, 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, excluding all
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revenue received in excess of $2,500 derived per annum from the sale of gaseous
fuel to each customer at any one location, and three percent (3%) of its gross
revenue derived from the sale of electricity within the corporate limits of
the City for electrical energy furnished, excluding the amount received from
the city for street lighting service furnished it, and excluding all revenue
received in excess of $2,500 derived per annum from the sale of electric
service rendered to each customer at any one location; and for the period
beginning January 1, 1970, to the termination of this franchise shall pay
to the City a sum equal to three percent (3%) of.the first ten thousand
dollars ($10,000) of annual gross revenue derived from the sale of electric
energy and of the first ten thousand dollars ($10,000) of annual gross
revenue derived from the sale of gaseous fuel, to each customer at any one
location and a sum equal to two percent (2%) of the annual gross revenue
derived from the sale of electric energy or gaseous fuel in excess of ten
thousand dollars ($10,000) to each customer for each such service, so used
at any one location; provided, however, there shall be excluded from all
of such gross revenue, the amount received from the City for street
lighting service furnished it. 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 electrical energy and
gaseous fuels after the net write-off of uncollectible accounts and corrections
of bills theretofore rendered, and in the event that the gross revenue of the
Company for any period of time during the term of this franchise is
subsequently reduced by virtue of a refund to any of the customers of the
Company upon which the above referred to franchise payment is calculated
and as a result thereof the Company has paid in excess of the percent of
its gross revenue provided herein as so adjusted for any such period of
time, the Company shall be entitled to a refund from the City of all said
amounts paid in excess of said percentage of its gross revenue as adjusted
by such refund.
Payments shall be made as follows;
(A) Within five (5) days of the effective date of this
franchiseas hereinafter provided, Company shall
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pay the City its estimate of the amount of revenue
payable as above provided for the period ending
December 31, 1969, and retroactive to August 19, 1969.
The balance of the amount payable for the year 1969
shall be paid on or before March 31, following, or
credited to Company if there has been an overpayment.
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Company shall on or before March 31 of each year,
make an estimate of the total franchise payments
to be paid to the City for the current year, and
shall pay one-fourth (1/4) of said estimated amount
on or before March 31, June 30, September 30,
and December 31. Adjustment for any differences
from payment calculated on actual revenue shall
be made with the March 31 payment in the following
year.
Payments for the portions of the initial and terminal years
(b) For each subsequent year of the term hereof, the
of this franchise shall be made on the basis of revenue as above pro-
vided-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 or auditor 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.
In the event that the Company should during the term of this
franchise increase its franchise payments to any city or town in the
Counties of Adams, Arapahoe and Jefferson in which it supplies gas and
electric service under a franchise, by reason of an increase in the
percentage payments on revenue or a different basis of determining
revenue excluded from the percentage payment, the same change or changes
to provide increased franchise payments shall be placed in effect in the
City.
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Section 1
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ARTICLE VII
Term - Effective Date.. This ordinance shall
become-effective, as provided by law, thirty days after its publication
following final passage, upon acceptance in writing by the Company within
said period and the terms, conditions and convenants thereof shall remain
in full forceand effect for a period of twenty (20) years from and after
said effective date.
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 or all of its plants, structures, pipes, mains, conduits, cables,
poles and wire, 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, conduits, cables, poles,
wire and equipment, the Company shall, at its own expense and in a work-
manlike 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 mains, pipes, conduits,
poles, or other structures.
Section 3. Acquisition b City. It is agreed and understood that
in the event the City should purchase or condemn the electrical distribution
system or the gas distribution system of Company, or both, as provided by law,
then for such purpose this franchise shall be construed as two separate and
independent franchises, one relating to the electrical distribution system,
and the other relating to the natural gas distribution system.
Section 4. 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 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 laws
of the State of Colorado, or with orders of other authorities having juris-
diction in the premises.
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Section 5. 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.
INTRODUCED, READ AND ORDERED PUBLISHED, the 30th day of December ,
A.D. 1969.
PASSED, ADOPTED AND APPROVED, this 27th day of January
A.D. 1970.
• Mayor
SEAL. r
ATTEST:
City Clerk
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CERTIFICATE OF POSTING
I, Louise F. Turner hereby certify that Ordinance
No. 19 was duly posted by me following first reading.on
tie .Ibt day of January.. 1970, at the following locations
within the City of Wheat Ridge:
Wheat Ridge Post Office
Wheat Ridge Branch Library
Westridge Sanitation District Office
Columbia Heights School
Prospect Valley Fire Department
Wheat Ridge City Office
I, Louise F. Turner hereby certify that Ordinance No. 19
was duly pasted by me following second reading on the 3pth
day of January 1970, at the above locations within the City
of Wheat Ridge.
J
SEAL
Louise F.-Iurner
City Clerk
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