HomeMy WebLinkAbout00468ORDINANCE NO 468
An ordinance regulating the furnishing of water for public and private use by the Pueblo
Water Company to that portion of the City of Pueblo embraced within the limits of the former
City of Bessemer, and now known as the Eighth Ward of the City of Pueblo and for other
purposes.
Be it ordained by the City Council of the City of Pueblo:
Section 1.
That for divers lawful and valuable considerations there unto moving from the Pueblo
Water Company, a corporate body duly organized and being the due successor in interest of all
and singular the rights, privileges and franchises of a certain other corporate body formerly
known as the South Pueblo Water Company and by virtue of due agreement to that effect
entered into with the said The Pueblo Water Company and the City of Pueblo it is hereby
expressly ordained and declared that all and singular the provisions of a certain ordinance
entitled "An Ordinance relating to the South Pueblo Water Company and prescribing the terms
upon which said company shall supply water" passed April 9th, 1885, appearing on pages 252
to 258 of the printed book of ordinances of the City of. Pueblo of date 1892, together with the
provisions of a certain other ordinance of the City of Pueblo passed June 2nd, 1890, known as
Ordinance No. 242, which said last mentioned ordinance contains among other provisions a
ratification and confirmation of the said ordinance of date April 9 1885, shall be extended and
applied to the furnishing, supplying and providing of water for either private of public uses by the
said The Pueblo Water Company to all and singular that part and portion of the present City of
Pueblo Formerly constituting the corporate limits of the City of Bessemer, and now being a part
and parcel of the corporate limits of the City of Pueblo., constituting the Eighth Ward thereof
Except as in this ordinance herein after stated.
Section 2,
The true intent and meaning of the preceding section is that the Pueblo Water Company
(Who is hereby recognized as the due and legal successor for all purposes of the South Pueblo
Water Company in and to all and singular the rights, privileges and contracts entered into with
and franchises granted to the said The South Pueblo Water Company by the ordinances
aforementioned or either of them) shall be vested with and there is hereby granted to it the right,
privilege and franchise to furnish water to the said portion of said City embraced within the said
present Eighth Ward thereof on the same terms and conditions as to compensation, duration of
franchise and contract as well as all other privileges and immuties as though the said Eighth
Ward was originally embraced within the scope and subject matter of the ordinances and each
of them mentioned and referred to in the first section hereof and the City of Pueblo does hereby
covenant, and stipulate to and with the said The Pueblo Water Company that any and all rights,
privileges and franchises as well as contractual obligations of any kind or character heretofore
entered into by said City with the said The South Pueblo Water Company or granted to the said
last named company, are hereby ratified and confirmed into the said The Pueblo Water
Company as fully and effectually as though the said last named company was a contracting
party to or beneficiary of the ordinances, and each and every of them mentioned on Section 1.,
hereof and said rights privileges franchises, and contractual obligations as aforementioned are
hereby declared to be irrevocable for the period during which the said ordinances and each of
them mentioned in said section I was declared operative by the terms of said ordinances and
each and every of them.
Section 3.
The modification referred to in Section 1 hereof as applicable to the extension of said
ordinances in the mater of furnishing and supplying water to the said Eighth Ward is as follows:
The said The Pueblo Water Company shall not be required within the limits of the said
Eighth Ward, to furnish or provide without charge water for the irrigation of any parks which are
now established or laid out therein, the compensation for the furnishing of water by said
company for the irrigation of said parks or any of them, to be agreed upon between the city and
said company
Section 4.
Upon the filing with the City Clerk by the said The Pueblo Water Company within thirty
days from the date of the passage of this ordinance of an acceptance of the provisions here of,
such acceptance shall be held and. deemed to operate as a valid and irrevocable contract
between the said The Pueblo Water Company and said City. Such acceptance to be in writing;
executed by the president of said Company and the corporate seal thereof to be thereunto
affixed and a certified copy of such acceptance under the hand and official seal of the City Clerk
shall be sufficient evidence of the filing of the same, and such acceptance when so executed
and filed shall, operate as a full substitution of the terms and provision of this ordinance and the
contract herein embodied for any contract or franchise heretofore entered into with or granted
by the City or Town Council of the former town or City of Bessemer with either the Said The
South Pueblo Water Company or the said The Pueblo Water Company.
Section 5.
Nothing herein contained shall affect the question of whether an exclusive franchise
exists in favor of said company or not in the matter of furnishing water in said Eighth Ward, a
franchise of which nature is claimed by said company, and nothing herein contained shall be
deemed as a waiver on the part of said company touching said claims nor as an admission
thereof on the part of said City.
Attest
Approved
C. E. Ross
City Clerk
Clerk Protem
Mayor
Passed December 27 1894