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.