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HomeMy WebLinkAbout00555ORDINANCE NO. 555 AN ORDINANCE EXTENDING THE FRANCHISE RIGHTS OF THE PUEBLO GAS & ELECTRIC LIGHT COMPANY BE IT ORDAINED by the City Council of the City of Pueblo: WHEREAS, the Pueblo Gas and Electric Light Company, formerly known as the Union Gas Company, was by an ordinance of the City of Pueblo duly enacted on the 13 day of May, 1886, as well as by prior ordinance in that behalf, granted the right to maintain and operate gas works for the manufacture of illuminating gas and furnishing the same to the City of Pueblo and its inhabitants, the said right expiring by limitation on the first day of December 1901, and WHEREAS, the said Company is about to renew the term of its corporate existence for another twenty years. Under the provisions of the statute in such cases made and provided, NOW, THEREFORE, SECTION 1. That the said The Pueblo Gas and Electric Light Company, its successors and assigns, be and is hereby granted the right to continue the operation and maintenance of its gas works for the manufacture of gas for illuminating and heating purposes, and to furnish the same to the said city of Pueblo and its inhabitants, and for that purpose to lay pipes under the surface of any and all streets, avenues, alleys and public places of said city, and said company is authorized to excavate trenches and take up pavements and sidewalks where it shall be necessary for the laying of such pipes, or the repairing or replacing of the same; provided, that such work shall be done in such a manner as to give the least possible inconvenience to the public in the use of such streets, avenues, alleys and public places; and provided that all streets, avenues, alleys, public places, pavements or sidewalks taken up as aforesaid for the excavation of trenches, shall be replaced and refilled by said company at its cost, in a good and workmanlike manner as soon as practicable, and the company shall properly guard any and all excavations, and shall properly light the same at night so as to fully warn all passersby of the existence and location thereof, and the said company shall be and remain solely responsible for all damages that may accrue by reason of negligence or unskillfulness in properly guarding the excavations, trenches, and other works, in, upon and under the streets, avenues, alleys, public places and sidewalks, during the laying of pipes, and all subsequent repairs of the same, and by its acceptance of this ordinance and the privileges granted herein, as hereinafter provided, the said company shall become bound to indemnify and save harmless the city of Pueblo from all such damages. SECTION 2. The said company shall always be prepared to furnish the inhabitants of said city a good quality of gas for illuminating and heating purposes, and with a sufficient pressure to insure proper quantity of gas to each burner supplied, such quantity to be not less than sixteen candle power, and such pressure not less than two and three - tenths. The cost of gas to consumers, paying promptly within ten days after bills become due, shall not exceed two dollars per thousand cubic feet for illuminating, and one dollar per thousand cubic feet for heating purposes. Proper meters for the measurement of gas consumed shall be furnished by said company whenever required, which shall remain the property of said company, subject to removal if the use of gas be discontinued or bills of consumers become delinquent. SECTION 3. The gas pipes laid by said company shall not interfere with the drainage of said city or the necessary construction of sewers or the underground fixtures for the conveyance of water. SECTION 4. At all times when the said city may desire to light any of its streets, alleys and public places with illuminating gas, the city may furnish and cause to be connected with the mains of said company, and maintain lamp posts and lamps which shall not consume to exceed four feet of gas per hour for each lamp post, provided that said lamps shall be lighted and extinguished according to the established rules of other cities, which are not lighted all night regardless of the moon; the said street lamps are to be lighted and cleaned by the company, and the city shall pay for gas consumed at the of not to exceed two dollars and fifty cents per month for each lamp; the number of such street lamps may be increased from time to time, as may be provided by the Council, subject to use, and when the entire number of street lamps in said city shall exceed three hundred, the price to be paid by said city for gas consumed shall not exceed two dollars per month for each lamp, all payments to be made monthly. SECTION 5. The franchise herein granted shall continue and be in force for a period of twenty years from and after the passage of this ordinance, and the said company shall within thirty days after its passage file with the City Clerk its acceptance in writing of all the provisions and condition herein contained, and upon failure to file such acceptance, the privilege hereby granted shall cease and determine and this ordinance be and become null and void.