HomeMy WebLinkAbout00499ORDINANCE NO 499
A Bill for an ordinance granting to the Pueblo El.ectic Power Company the right
to erect poles and wires; to lay pipes and construct conduits for electricity in
the streets and alleys in the City of Pueblo.
Be it Ordained by the City Council of the City of Pueblo, Colorado.
Section 1.
That the Pueblo Llectic Power Company a corporation, duly organized and doing
business under the laws of the State of Colorado, be and it is hereby authorized to
erect poles and stretch electric wires thereon, or to stretch such wires on poles
erected by other parties by and with the consent of said other parties, and to
construct conduits for the transmission of electricity in, under, across and along
any and all of the public streets, boulevards, highways and alleys in the City of
pueblo, provided that in erecting its poles and strecting its wires, as aforesaid
the said company shall not remove, injure or interfere with any poles or wires
heretofore erected by lawful authority across and along any of the public streets,
boulevards, highways, and alleys in said City of Pueblo, or any trees which are now
standing, or which may hereafter set out or planted along any of the streets or
alleys of said city; and provided further that in erecting its poles and in construct-
ing its conduits, as aforesaid, the said company shall not interfere with or injure
any sewers, water mains or water pipes, gas pipes, or any other pipes or conduits
now laid or existing in the streeta; and said pipes shall be constructed in such
manner as to prevent any injury or damage to any sewers, water mains or water pipes,
gas pipes, or any other pipes or conduits, already laid or hereafter to be laid in
said city; and provided further that whenever in the prosecution of this work,
the surfance of any street, alley or sidewalk shall be disturbed by said company, the
said company shall immdeiatley upon completion of said work restore said street,
alley or sidewalk where disturbed to the established grade.
Section 2.
That said company shall within twelve months from and after the passage of
this ordinance be prepared to furnish individuals, corporations, associations
or companies, both public and private use, with electricity for manufacturing,
heating or power purposes.
Section 3.
That said company shall, on and after the date last aforesaid be ready at all
times, except in cases of some extraordinary or unforseen emergency, accident
or contigency, to supply electricity in sufficient quantities to corporations,
companies and individuals for power and other purposes aforesaid, upon the payment
of such price or prices therefor as shall be fixed by contract between the company
and such purchaser or consumers.
Section 4*
Before entering upon the occupancy of the streets and alleys as above set forth
for the purpose above named, the said The Pueblo Electric Power Company shall execute
and deliver to the City of Pueblo a bond, with two or more good and sufficient
sureties, running to the said City of Pueblo in the penal sum of ten ($10,000)
thousand dollars, conditioned that said company shall hold said City of Pueblo
harmless from any and all damages that it, said City, may sustain in consequence
of its granting to said Company the rights and privileges herein contained, and frCU
any and all damages which may occur to any person, or to any property, public or
private, on account of said rights and privileges, for which the said City of Pueblo
may become liable by reason of negligence or miconduct of the said The Pueblo
Electric Power Company in erecting poles, in excavating in said streets, alleys or
boulevards or under the sidewalks, or in stretching wires or in any other manner
connected with the construction or operation of its wires or any part thereof;
and said bond shall be further conditioned that said company shall reimburse the
said City of Pueblo for any expanse to which it, the said City, may be subjected
in rem &ving of poles and wires of said company in the event of the forfeiture of
its franchise, said bond to be approved by the Mayor of said City
Section 5.
That the said The Pueblo Electric Power Company, shall faithfully keep and
perform the covnenants and agreements connected with the license or franchise
herein granted, and in the event of the failure so to do , the City of Pueblo may
declare by resolution duly spread upon the minutes of its City Council, the said
license forfeited; provided that before any such forfeiture shall take place, the
said compnay shall receive notice in writing, specifying wherein any of the covenants
or agreements herein have not been kept or performed; and it shall have not less
than three (3) days after such service of the matter of thing complained of and
such preparations shall be executed without delay and in a workmanlike manner;
and if so commenced and prosecuted, a forfeiture shall not be declared.
Section 6.
Before this license oe franchise shall be considered in force, or shall have
any effect, the said company shall file with the Clerk of said City Council its
written acceptance of the terms and conditions herein contained. and by accepting
this license or franchise the said company consents that the City of Pueblo shall
have the right and privilege of stretching upon the poles of said company erected
under this franchise, any wire or wires that the said City may desire to use for
municipal purposes.
Section 7.
All rights, privileges and franchises hereby granted to the said The Pueblo
Electric Power Company, shall be and they are hereby so ;ranted for a period
of twenty (20) year from and after the date if the approval of this ordinance.
Section S.
The said city reserves the right to require the removal of all poles, erected
under this franchise and the placing of all wires used by said electric Power
Company, underground at any time the City Council of said City may think best so to
do; provided, that said City Council shall not require the removal of said poles of
the placing of said wires underground within five (5) years from the passage of
this ordinance, and then only when other electrical companies, operating in said
City, shall be required to remove the poles and place their wires underground.
Section 9.
The said rights and privileges hereby conferred shall extend to and be
exercised by the successors and assigns of the said The Pueblo ;electric Power
Company, and all the covenants and conditions to be forfeited by said company
shall be valid and binding against and upon its successors and assigns.
Passed June 1st A.D. 1896
Attest
Approved
C.E. Rosa A.G. King
City Clerk Mayor
(seal)
This ordinance was returned to the City Council at a regular meeting of said
City Council held on the Eighth day of June 1896 without the Mayors signi.ture and
accompanied by a written objection of the Mayor; said ordinance wasp upon motion
duly made and seconded passed not withstanding the Mayors objections by a two -
thirds vote of all the Aldermen of said City.
In witness whereof I have hereunto set my hand and caused to be affixed hereunto
the seal of the City of Pueblo, this Ninth day of June A.D. 1896.
C.E. Ross
(seal) City Clerk