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HomeMy WebLinkAbout00549r ORDINANC9; NO. 549 AN ORDINANCE defining certain rights of the Pueblo Traction and Zlectric Company, and granting to said company the right to furnish electricity for power, heating and illuminating purposes. 141EREAS, the Pueblo Light and Power Companyts entitled to exercise and enjoy all the rights, privileges and frnachises, granted and conferred, or purporting or intended to be granted or conferred by certain Ordinances of the City of Pueblo. No. 31 passed and approved October 14, 1886. No. 140 passed and approved %eptember 3, 1888. No. 287 passed and approved April 8, 1991. ,ach and all of said Ordinances having been regularly and in due form enacted and being now recognized as in full force and effect. ARID, WHEREAS, the Pueblo Light and Power Company has assigned and transferred, or is about to assign and transfer all its property, rights and franchises to the Pueblo Traction and Electric Co., a corporation duly organized and existing under and by virtue of the laws of the State of Colorado. NOW, THEITUFOR, BE IT ENACT„D BY THZ; CITY COUNCIL OF THu CITY OF PTJ6BLO; Section 1 That - the Pueblo Traction and Electric Company, as successors in interest to the Pueblo Light and Power Company, shall have the use and enjoyment of all of the rights and privileges granted, conferred or intended or purporting to be granted or conferred by the Ordinances herein above specified and the transfer and assignment of the same by the Pueblo Light and Power Company to the Pueblo Traction and hectic Company is hereby ratified, approved and confirmed. Sect And there is hereby granted to the Pueblo Traction and Zlectric Company, and to its successors or assigns, subject to the conditions hereinafter provided, the rights to furnish the inhabitants of the City of Pueblo and said City whenever its municipal authorities may desire to contract therefor electricity for power, heating and illuminating purposes, and these purposes to maintain the necessary poles or Posts of wood, iron or other suitable material and to string and put in place all 0 necessary wires, apparatus and other attachments, suitable or proper for the successful operation of an electric light and power plant, as the same are now or have heretofore constructed and maintained by the Pueblo Light and Power Company or its predessors in interest; and from time to time to replace the poles and wires now existing, or to erect and construct additional poles and wires as occasion may require, along the alleys and across streets and other public places in said City, at such places as may be approved by the City Engineer, or along its streets, where it may be absolutely necessary to use streets instead of alleys; and t o string put -in place and maintain the necessary lamps, wires, apparatus and other attachments upon the said posts or poles as the same are now or have heretofore been maintained upon the said posts or poles; and to replace the lamps, wires now in, apparatus and other attachments now in use, or to erect and maintain additional lamps wires, appa- ratus and attachments, as occasion may require, upon the posts or poles now or here- after to be erected, above and across the sidewalks and alleys and across streets or avenues where it may be necessay to cross the same with said hires in said City; and the said company is hereby authorized to excavate trenches and take up pavements and sidewalks where it may be necessary foir the construction of any new poles or posts or the repairing or replacing of any now existed (provided said work shall be done in such manner as to give the least possible inconvenience to the public or individ- uals in the use of such streets, alleys, avenues or public places) and so as not to interfere with gas pipes already laid or other pipes, sewers or drains; and all ex- cavations in doing such work shall be replaced and repaird by said grantee at its own cost, as soon as practicable; and porvided that said grantee shall be and remain solely responsible for all damages tha may occur by reason of negligence or unskill- fulness in doing such work or in properly grading or excavating or other works during the continuance of said work and all subsequent repairs and operations of the same. And by their acceptance of this Ordinance and the privileges granted herein, the said grantee shall become bound to indemnify and keep harmless the said City of Pueblo from all such damage. Section 3. The said grantee shall out and keep in good order all such poles, posts, lamps, wires and other apparatus as have been heretofore erected or in use by the Pueblo 1 Light and Power Company or which may hereafter be erected ao long as the same shall be kept for use and shall always be prepared to furnish to the City and its inhabi- tants a good quality of electrcity for poorer and illuminating purposes. Section No lamps or wires hsall be placed less than twenty (20) feet above the alleys or streets except in cases where commercial lights are placed in buildings or in front,, thereof., and there such location shall be under the directions of the Lighting Committee of said City Council; and no such poles shall be placed as to obstruct the running water in any sewer gutter or drain or interfere with the necessary construction of sewers or underground fixture for the conveyance of water or the interfere with any telegraph,, electric lights or telephone posts or wires now constructed or erected within the limits of said City; but the said wires must be at least (5) five feet distance from other wires and said wires whenever they cross the wires of the Fire Alarm System shall pass over the latter. Section 5. It is further provided that a failure to furnish the inhabitants of said City with a good quality of electricity for power illuminating purposes for a period of sixty (60) days shall work a forfeiture of the franchise herein granted, so far as the same may relate or pertain to the purpose or purposes in respect to which such failure may occur. Section 6. This Ordinance and the rights, privileges and franchises herein granted, shall contrive and be in force for a period of twenty -five (25) years from and after the passago^ of this Ordinance. Section 7. The grantee herein shall within ren (10) days after the passage of this Ord- inance file with the City Clerk its acceptance in writing of all the terms and provisions herein. Approved April 6th, 1899 Attest: (seal)