An ordinance granting a franchise by the Town of Deer Trail, Colorado, to eastern Colorado utility company, its successors and assigns, to locate build, construct, acquire, purchase, extend, maintain and operate into, within and through the Town of Seer Trail, Arapahoe County, Colorado, a plant or plants works and system or systems for the purchase of manufacture transmission and distribution of gas, whether natural, artificial, or mixed, and to furnish, sell and distribute such gas to the Town of Deer Trail, and the inhabitants, thereof, for heating, cooking, or other purposes by means of pipes, mains, conduits, services and other necessary structures and appliances thereto appertaining, over, under, along, across and through any and all streets, alleys, viaducts, bridges, roads, lanes, and other public ways and places in said Town of Deer Trail, and fixing the terms and conditions thereof.
Be it ordained by the Board of Trustees of the Town of Deer Trail, Colorado:
Section 1.
Whenever the word Town is hereinafter employed, it shall designate the Town of Deer Trail, Arapahoe County, Colorado, the grantor, and whenever the word grantee is used, it shall designate not only Eastern Colorado Utility Company, a Colorado Corporation, but also its successors and assigns.
Section 2.
There is hereby granted to the grantee the franchise and right to locate, build, construct, acquire, purchase, extend, maintain and operate into, within, and through said Town of Deer Trail a plant or plants and works, for the purchase, manufacture, transmission and distribution of gas, either natural, artificial or mixed, with the right and privilege for the period and upon the terms and conditions hereinafter specified to furnish, sell and distribute said gas to the Town of Deer Trail, and the inhabitants thereof, for heating, cooking or other purposes, by means of pipes, mains, conduits, services, and other necessary structures and appliances thereto appertaining, over, under, along, across and through any and all streets, alleys, viaducts, bridges, roads, lanes and other public ways and places in said Town of Deer Trail and over, under, along, across and through any extension, connection with or continuation of the same, or over, under, along, across and through any and all such new streets, alleys, viaducts, bridges, roads, lanes and other public ways and places as may be hereafter laid out, opened located or constructed within the territory now or hereafter included in the boundaries of said Town of Deer Trail 7 provided, however, that nothing herein shall be construed so as to prevent the sale of coal, fuel oil, butane, propane or other fuels by individuals or firms other than the grantee to said Town and the inhabitants thereof.
Section 3.
The grantee has previously installed a gas distribution system to serve existing consumers within the corporate limits of the Town. Grantee shall make such reasonable extensions of the mains of said system from time to time as warranted by expansion and development of demand, but grantee shall not be required to make any extension for the purpose of serving any new consumer or consumers which will necessitate an expenditure exceeding $94.00 for each consumer to be served.
Section 4.
All mains, pipes, conduits and services shall be installed and maintained so as to interfere as little as practicable with traffic over the streets, alleys, bridges and other public place of said Town.
When grantee shall do any work of construction, repair or maintenance of said system in the course of which any pavement, curbing or gutter upon any street, alley, bridge or public place shall be excavated, grantee shall properly protect excavations and shall promptly repair and restore, in a workmanlike manner and at its own expense, such sidewalks, graveled or paved streets, roads, alleys or other public or private property and improvements, to as good condition as they were before work was commenced. The Town reserves for itself the right to alter or change any public improvement and to alter or change the grade of any street, avenue or alleys, and if at any time it shall be necessary to alter or change the position of any gas main, pipeline or service connection of the grantee to permit the Town of Deer Trail to alter or change street grades, pavements, sewers, water mains or other public works, such alterations or changes in the position of such gas main, pipeline or service connection shall be made by the grantee at its own expense.
Section 5.
The grantee shall maintain and operate its plant and system in such manner and condition that it will furnish safe, adequate and continuous service. The quality and pressure of the gas furnished by the grantee under this franchise shall at all times be in conformity with the grantee's General Service Rules and Regulations on file with the Colorado Public Utilities Commission and with the rules and regulations of the Colorado Public Utilities Commission and in addition thereto shall conform with the following requirements:
- Repairs and Interruptions. Whenever it is necessary to interrupt service for the purpose of making repairs or installations, the grantee shall do so at such time as will cause the least amount of inconvenience to consumers, and unless such repairs are unforeseen and immediately necessary, it shall give reasonable notice of service interruptions to consumers.
- Restoration after Destruction.. In case the system of the grantee shall be partly or wholly destroyed or incapacitated, the grantees shall at once restore or repair said system so as to render satisfactory service within the shortest practicable time.
- Failure of Natural Gas Supply. If, during the term of this franchise and after the grantee has begun to supply natural gas to the Town, there shall occur a failure or partial failure of the supply of natural gas then available to the grantee, the grantee shall make every reasonable effort to obtain an additional natural gas supply for distribution hereunder. If the grantee is unable to obtain such additional supply, the grantee shall furnish, at its option, manufactured, artificial, or other suitable, or mixed gas, provided, however, that the conversion and the costs and expenses of conversion of consumers' appliances and heating equipment necessarily occasioned by such transition from natural gas to artificial or mixed gas shall be borne by the grantee.
- The grantee shall furnish gas within the corporate limits of the Town and any additions thereto and to any person or corporation doing business or residing within the Town 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, filed with or fixed by the Public Utilities Commission of the State of Colorado, or by any other competent authority having jurisdiction in the premises.
- Grantee shall have the right to make such reasonable rules and regulations for the protection of its property, the prevention of loss and waste and in connection with the distribution and sale of gas as from time to time it may deem necessary or expedient including a meter deposit for domestic meters and a deposit for all other meters in such amount as may be required to assure payment of bills.
- Grantee shall have the right to enter the premises of consumers at all reasonable times for the purpose of reading meters, inspecting pipes and gas appliances and disconnecting and removing meters.
Section 6.
The grantee shall so install and maintain its structures, apparatus, mains, pipes and other equipment as to afford all reasonable protection against injury or damage to persons or property therefrom, and the grantee shall indemnify and save harmless the Town of Deer Trail from any and all liability or damage and all reasonable expenses necessarily accruing against the Town of Deer Trail arising out of the negligent exercise by the grantee of the rights and privileges hereby granted.
Section 7.
The rights, privileges and franchise herein granted to and conferred upon the grantee shall extend for the full term of 25 years from the effective date of this ordinance.
Section 8.
This franchise is granted subject to all conditions, limitations and immunities now provided for and applicable to the operation of a public utility, by the laws of the State of Colorado, including supervision of rates and matters pertaining thereto, by the regulatory bodies of the State of Colorado. The rights and franchise granted by this ordinance are granted upon the express condition that said Town shall have the right and power to purchase or to condemn at the time or times and under the conditions and in the manner provided by the laws of the State of Colorado at such time in full force and effect, all works and plants erected hereunder and all property of grantee actually used or useful for the convenience of said Town.
Section 9.
The natural gas to be supplied to the Town and its inhabitants under the terms hereof shall be merchantable gas and at such reasonable pressure as may be prescribed by the regulatory body having jurisdiction over said matter. Until and unless lawfully changed, the standard of pressure of service shall be the same as now or hereafter fixed by the Public Utilities Commission of the State of Colorado, pertaining to the pressure in a majority of the cities of Colorado being supplied by natural gas services.
Section 10.
The grantee from time to time may promulgate such rules, regulations, terms and conditions governing the conduct of its business, including the utilization, extension and protection of services and property, as shall be reasonably necessary to enable the grantee to exercise its rights and perform its obligations under this franchise, and to secure an uninterrupted service to each and all of its customers. Provided however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Colorado and shall be subject to approval by the Public Utilites Commission of the State of Colorado or other competent authority having jurisdiction in the premises. The grantee shall keep on file in its local office, available to the public, copies of such rules and regulations, together with copies of its Rate Schedules, Standards of Service, Rules and Regulations and Service Connection and Extension Policies concurrently in effect and as filed with the Public Utilities Commission of the State of Colorado or other competent authority having jurisdiction in the premises.
Section 11.
As a further consideration for this franchise, and accepted by the Town in lieu of all occupancy, occupation and license taxes or other taxes on the rights 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 business), the Company shall pay to the Town, for the period beginning upon the approval thereof by the Colorado Public Utilities Commission to the termination of this franchise a sum equal to $1.00 per month times the number of billed meters existing from time to time within the boundaries of the Town. Payment of said franchise fee shall be made to the Town by the 10th day of the following month.
Section 12.
Upon the expiration of this franchise, if the grantee shall not have acquired an extension or renewal thereof, or upon its termination or forfeiture, if the Town after ample time and opportunity has not purchased or condemned the system, the grantee is hereby granted, the right to enter upon the streets, alleys, bridges, viaducts, roads, lanes and other public places of the Town of Deer Trail, for the purpose of removing therefrom any or all of its plants, structures, pipes, mains, or equipment pertaining thereto. In so removing said pipes, mains or other property, the grantee shall, at its own expense, and in a workmanlike manner, refill any excavations that shall be made by it in any graveled or paved streets, alleys, bridges, viaducts, roads, lanes and other public places after the removal of its mains, pipes or other structures.
Section 13.
This ordinance shall be in full force and effect from and after its passage and publication as required by law.
Passed September 1, 1981, on first reading.
Robert Rector, Mayor of Deer Town
Attest: Tam M. Intermill, Town Clerk