HomeMy WebLinkAbout05222ORDINANCE NO. 5222
AN ORDINANCE GRANTING TO CENTEL CORPORATION -
SOUTHERN COLORADO POWER A NON - EXCLUSIVE
FRANCHISE AND RIGHT TO FURNISH AND SELL ELECTRI-
CITY TO THE CITY AND TO ALL PERSONS, BUSINESS AND
INDUSTRY WITHIN THE CITY; TO CONSTRUCT, INSTALL,
MAINTAIN, AND OPERATE ALL FACILITIES REASONABLY
NECESSARY TO PROVIDE ELECTRICITY WITHIN THE CITY;
AND TO MAKE REASONABLE USE OF THE STREETS, ALLEYS,
BRIDGES, VIADUCTS, PUBLIC PROPERTY, AND PUBLIC
WAYS AS MAY BE NECESSARY TO CARRY OUT THE TERMS
OF THIS ORDINANCE
BE IT ORDAINED BY THE PEOPLE OF PUEBLO, COLORADO, that:
ARTICLE I
Grant of Franchise
Section. 1. Grant of Franchise The City of Pueblo (the "City ") hereby grants
to CENTEL CORPORATION - Southern Colorado Power (the "Company "), for the period
of, and subject to the conditions, terms and provisions contained in this Ordinance, a non-
exclusive right and obligation to furnish and sell electricity to the City and to all
persons, businesses, and industry (hereinafter collectively referred to as "residents ")
within the City. Subject to the conditions, terms and provisions contained in this
Ordinance, the City also hereby grants to the Company a non - exclusive right to
construct, install, maintain, and operate all facilities reasonably necessary to provide
electricity within the City and a non - exclusive right to make reasonable use of the
streets, alleys, bridges, viaducts, public property, and public ways as may be necessary to
carry out the terms of this Ordinance. These rights and obligations shall extend to all
areas of the City as it is now constituted, and to additional areas as the City may
increase in size by annexation or otherwise.
Section 2. Street Lighting Agreement The rights and franchises granted in
this Agreement encompass the right and duty to provide street lighting service to the
City. The rights, obligations, terms and conditions for the provision of street lighting
service to the City are contained in a separate agreement between the City and the
Company.
A breach of this Ordinance by the Company shall be cause for revocation by the City of
the Street Lighting Agreement.
Section 3 . Term of Franchise The term of the franchise granted by this
Ordinance shall be for twenty -five (25) years, beginning August 12, 1985 at expiration of
present franchise.
ARTICLE II
Franchise Fee
Section 1 . Franchise Fee In consideration for the grant of this franchise, the
Company shall pay the City a sum equal to three percent (3 %) of all gross revenue per
annum derived from the sale of electricity within the City. "Gross revenue" as used
herein shall mean any revenue derived under authorized temporary or permanent rates,
or otherwise, from sales of electricity within the City of Pueblo, after the adjustment
for the net write -off of uncollectable accounts and corrections of bills theretofore ren-
dered. Included within "gross revenue" shall be all amounts paid to the Company by the
City or any of its departments, including the Board of Water Works of Pueblo, Colorado.
Section 2 . Payment Schedule For the franchise fee owed on gross revenues
received after the effective date of this Ordinance, payment shall be made by the
Company in monthly installments based upon the actual gross revenues received in the
previous month. Payment shall be made no later than thirty (30) days after the end of
the month for which the fee is calculated. The Company shall provide the City with a
-2-
copy of calculations and the work papers used in calculating the monthly amount so
paid. On or before November 1, 1985, and on or before November 1 of each year there-
after, the Company shall provide the City with its estimate of the total franchise fee
payments which should be paid to the City for the next succeeding calendar year.
All payments shall be made to the City Director of Finance.
The City Manager, or his authorized representatives, shall have access to the
books of the Company for the purpose of auditing or checking to insure that the franchise
fee has been correctly computed and paid.
Section 3 . Increase in Franchise Fees If the Company, during the term of this
franchise, increases its franchise fee payments to any city or town in the State of
Colorado in which it .supplies electric service under a franchise, in a manner which would
result in a higher level of payments to that municipality than is herein provided and then
applicable in Pueblo, the Company agrees, if requested by the City Council, to place the
same franchise fee into effect under this franchise as of the first of the month following
the increase of franchise fee in any other area.
Section 4 . Change of Franchise Fee In addition to any increase in accordance
with Section 3 above, the City Council during the year 1990 and every fifth year there-
after during the term of this franchise, upon giving thirty (30) days notice to the Com-
pany of its intention to do so, may reconsider the consideration to be paid by the Com-
pany under this Article. If the City Council decides that the franchise fee should be
increased or decreased, it shall provide for such increase or decrease by ordinance. The
Company agrees to pay whatever franchise fee is so established by the City in this sec-
tion; provided, however, no increase shall exceed 1% of the annual gross revenues, and
further provided, that the cumulative aggregate increases shall not result in the fran-
chise fee being greater than 5% of the annual gross revenues.
-3-
Section 5 Franchise Fee is Payment in Lieu of Other Fees So long as the
Company performs its obligations under this Ordinance, including payment of the fran-
chise fee, the Company will be exempt from the payment of any license fees or charges
to the City, but payment of the franchise fee does not exempt the Company from any
lawful taxation upon its property, from sales and use taxes, excavation permit fees and
building permit charges, and from fees and charges for excavating for or construction of
underground or overhead facilities that are uniform and generally applicable to contrac-
tors performing similar work.
Section 6 . Contract Obligation This Ordinance and the franchise herein
granted constitutes a valid and binding contract between the Company and the City. In
the event that the franchise fee specified in this Ordinance is declared illegal, unconsti-
tutional or void for any reason by any court or other proper authority, the Company shall
be contractually bound to pay the City, on the same schedule as provided herein for the
franchise fee, an aggregate amount equal to the amount which would have been paid as a
franchise fee. In the event that the City is prohibited by any court or other proper
authority from collecting at a contractual rate, the City shall have the right to impose
occupation fees or tax reasonably equivalent on an annual rate to said franchise fee.
ARTICLE III
Company Construction and Operation Obligations
Section 1 Adequate Supply at Lowest Possible Cost The Company shall at all
times take all reasonable and necessary steps to assure an adequate supply of electricity
to the City and its residents, at the lowest possible cost. If the supply of electricity
should be interrupted, the Company shall immediately take all necessary and reasonable
actions to restore such supply at the soonest possible time.
Section 2 City Approval of Construction and Design Prior to construction of
any transmission lines or generating plant, building, substation, or similar structure
2.0
within the City, the Company shall furnish to the City the plans for such facilities,
including all architectural, engineering, and landscaping plans. In addition, the Company
shall assess and report on the impact of its proposed construction on the City environ-
ment. Such plans and reports may be reviewed by the City to ensure (1) that all appli-
cable laws including building and zoning codes and air and water pollution regulations are
complied with, (2) that aesthetic and good planning principles have been given due con-
sideration, and (3) that adverse impact on the environment has been minimized. The
Company shall comply with all regulatory requirements of the City lawfully binding on
the Company and shall incorporate all other changes requested by the City which are
agreeable to the Company.
Section 3 . Excavation and Construction The Company shall comply with all
City requirements for excavation and construction and shall be responsible for obtaining
all applicable permits. The City shall have the right to inspect all construction or exca-
vation work to insure compliance with such City requirements. All construction, excava-
tion, maintenance and repair work done by the Company shall be done in a timely and
expeditious way and in a manner which minimizes the inconvenience to the public or
individuals. All public and private property in dedicated easements disturbed by Com-
pany construction or excavation activities shall be restored as soon as possible by the
Company, at its expense, to its former condition and to the satisfaction of the City
Director of Public Works. Company shall comply with City's requests for reasonable and
prompt action to remedy any damage to private property adjacent to streets or dedicated
easements where Company is performing excavating or construction work.
Section 4 Installation and Maintenance of Company Facilities The installa-
tion, maintenance, renovation and replacement of any facilities by the Company shall be
subject to regulations, inspection and approval by the City's Director of Public Works.
Such regulation shall include, but not be limited to the following matters: location of
-5-
facilities; cutting and trimming of trees and shrubs; and disturbance of pavement, side-
walks, and surfaces of streets, alleys and driveways. All Company facilities shall be
installed on public or dedicated easements so as to cause a minimal amount of interfer-
ence with such property. Company facilities shall not interfere with the City's water
mains, sewer mains or any other municipal use of the City's streets and rights -of -way.
The Company shall erect and maintain its facilities in such a way so as to minimize
interference with trees and other natural features. The Company shall keep in good
working order all facilities constructed, erected or used within the City.
Section 5 Warranty of Company Facilities The Company hereby warrants to
the City that it will install, repair, renovate and replace its facilities in a good and
workmanlike manner, and that the Company's facilities will be of sufficient quality and
durability to provide adequate and efficient electric service to the City and its resi-
dents. The Company will require warranties customary for the industry from its third -
party suppliers of transformers and other major equipment incorporated into the Com-
pany's facilities and shall fully enforce any such warranty.
Section 6 Continued Compliance with Air and Water Pollution Laws The
Company shall continue throughout the term of this franchise to pursue programs which
will result in its facilities meeting the standards required by air and water pollution
laws. Upon the City's request, the Company will provide the City with all reports
relating to Southern Colorado Power Division prepared by it for government regulatory
agencies relating to air and water pollution laws. Further, upon the City's request the
Company will provide the City with all responses made by the Company to any com-
plaints filed by, or with, any governmental regulatory agencies relating to air and water
pollution laws. If the governmental or regulatory agency requires such reports or
responses to be confidential, then Company is not obligated to furnish the reports or
responses to the City.
-6-
Section 7 Relocation of Company Facilities If at any time the City requests
the Company to relocate any facility in order to permit the City to make any public use
of rights -of -way, easements or streets, to construct any public improvement, or to build
any public project, such relocation shall be made by the Company at its expense. Follow-
ing relocation, all property shall be restored to its former condition by the Company at
its expense.
Section 8 Technological Improvements The Company shall introduce and
install generally, as soon as practicable, technological advances in its equipment and
service in the City when such advances are technically and economically feasible, and
are safe and beneficial to the City and its residents.
Section 9 ., Company Obligations to the City The Company shall protect the
City and its property against damage which may arise out of the exercise by the
Company of any rights or privileges herein granted or the performance, or non-
performance, of the Company's obligation hereunder. The Company shall be liable for
any interference, damage, or injury suffered by the City or its property as a result of the
exercise by the Company of any rights or privileges herein granted.
Section 10 . Service to New Areas If during the term of this franchise the
boundaries of the City are expanded, the Company shall extend service to residents of
the newly incorporated areas at the soonest practicable time.
Section 11 Construction by City Employees or Developers At the option of
the City, the Company agrees to utilize City employees, on all capital improvement
projects serving municipal uses so long as the City and /or its contractor agrees to work
subject to the Company's reasonable specifications and inspection, and so long as the use
of City employees or a City contractor does not violate the working agreement between
Company and IBEW Local 667 or successor union. Company may charge the City a
reasonable charge for engineering work done in preparation of capital improvement
-7-
projects, specifications layed out for bidding purposes on capital improvement projects
and reasonable inspection charges for Company engineers or inspectors to assure that the
capital improvement projects have been built in accordance with proper specifications,
whether such projects are built by City employees or City's contractor. Company will
confer in good faith with Subdivision developers to install at the lowest cost consistent
with proper installation electric facilities within a subdivision subject to the Company's
reasonable specifications and inspection.
Section 12 City Not Required to Advance Funds The Company shall extend
its facilities to provide electric service to the City for municipal uses within city limits
or for major municipal facilities outside city limits such as the airport or sewage treat-
ment plant, without requiring the City to advance funds in aid of construction, except for
advances for street lighting.
Section 13 Safety Regulations by the City The City reserves the right to
adopt, from time to time, regulations to ensure the safety, welfare and accommodation
of the public. The Company agrees to comply with all such regulations in its construc-
tion, maintenance, and operation of its facilities and in the provision of electricity with
the City.
Section 14 Compliance With P.U.C. Regulations The Company shall assure
that the electrical energy it distributes meets with the minimum standards promulgated
by the Colorado Public Utilities Commission and the Company shall keep on file with the
City copies of P.U.C. Rules Regulating the Service of Electric Utilities, and tariff provi-
sions of the Company setting minimum standards, as the same may be amended from
time to time, and the City shall have access to all records of the Company monitoring
compliance with such standards. The Company shall file with the Commission prior to
the franchise election such amendments to its tariffs as may be necessary to make the
tariff provisions compatible with the provisions of this Agreement, and shall report to
-8-
the City the changes which have been made for this purpose. It shall be the duty of the
Company to exercise its best efforts to assure that the tariffs of the Company as
approved by the P.U.C. shall not be in conflict with any of the provisions of the franchise
during the term of this franchise
Section 15. Inspection, Audit and Quality Control The City shall have the
right to inspect any portion of the Company's system used to serve the City and its
residents, at all reasonable times. The City shall also have the right to inspect and
conduct an audit of Company records relevant to compliance with any terms of this
Agreement at all reasonable times. The Company agrees to cooperate fully with the
City in conducting the inspection and /or audit and to correct any discrepancy affecting
the City's interest in-a prompt and efficient manner.
ARTICLE N
Reports to City
Section 1 Copies of Tariffs, all P.U.C. Filings The Company shall file with
the City, and keep up to date, all tariffs, rules, regulations and policies approved by the
Colorado Public Utilities Commission ( "PUC") relating to the Company. The Company
shall provide the City with copies of all filings which it makes with the Colorado PUC,
including, but not limited to, its annual report, all advice letters, all pre -filed testimony
and all exhibits. In addition, the Company will provide the City, at the City's request,
copies of all workpapers and other information relevant to the Company's application or
proposal before the PUC affecting rates and services relating to municipal use.
Section 2 . Detailed Bills All bills or invoices sent to the City by the Com-
pany shall include lists of account numbers and items metered, and they shall specify the
type of account for which charges are made, i.e., street lighting, traffic signal, general
office, spot lighting, etc. The Company shall provide the City every two years with a
complete listing of all the City's accounts.
-9-
ARTICLE V
City Use of Company Facilities
Section I . City Use The City shall be permitted to make all reasonable use
for City purposes of any electrical distribution or transmission system of the Company,
including underground facilities, without cost, provided such use does not unreasonably
interfere with the use of such systems for electrical energy or create an unreasonable
hazard. Such use may include, by way of explanation but not by way of limitation, the
attachment of fire alarm or police signal systems or the attachment of cables for trans-
mitting television or radio signals, or any other use of the system or any part thereof.
The Company shall not be responsible for any modifications to the system or for payment
of any costs necessitated by such use.
Section 2 . Underground Conduit In addition to the rights given the City in
Section 1 of this Article, whenever the Company installs new conduits or replaces exist-
ing conduits, the Company shall provide adequate advance notice to permit additional
installation of City conduit. If City wants additional conduit installed, it will so notify
Company and timely provide conduit at its expense to Company which will install it
without further cost to City. City and Company shall cooperate to minimize installation
costs of underground conduit and minimize cutting the streets.
Section 3 Use of Real Estate and Water Facilities For all real estate and
water facilities lying within the City which are presently owned or are subsequently
acquired by the Company, the Company shall permit such real estate and water facilities
to be used by the public for recreational and open space use, to the extent that such use
does not interfere with the Company's use of such real estate and water facilities and is
safe for public use.
Section 4 . Right of First Refusal If the Company, at any time during the
term of this franchise, proposes to sell or dispose of any of its real estate or water
-10-
facilities lying within the City, the Company shall so notify the City. The property shall
be offered to the City for the price contained in a bona fide offer from a third party
which is acceptable to the Company. The terms thereof shall be included in the
Company's notice to the City. The City shall have thirty (30) days thereafter to give
written notice of its interest in, and non - binding preliminary intent, to exercise a right of
first refusal to purchase this property. The City shall have an additional thirty (30) days
after notice of receipt by the Company of such notice of the City's preliminary non-
binding intent to exercise its first right of refusal in which to complete its firm obliga-
tion to exercise its right of first refusal. The provisions shall not restrict the rights of
the City to purchase or condemn the Company's facilities reserved under Article IX of
this Ordinance.
Section 5 . Use by City Franchisees The Company shall permit use of Com-
pany transmission and distribution facilities located within the City, but not its generat-
ing substation or business facilities, by other grantees of City franchise, so long as such
grantees are not in competition with the Company, upon obtaining permission of City,
payment of City fees, if any, and payment to the Company of a reasonable fee for use of
the facilities.
Section 6 . Annexation to the City When any property owned by the Company
becomes eligible for voluntary annexation to the City, the Company shall petition to
annex the same upon request made by the City, provided that no condition of such annex-
ation shall impair the Company's ownership or then existing use of its property and water
or water rights for public utility purposes. Except as herein provided, the Company
agrees to meet all terms and conditions imposed upon the annexation by the City that are
no more stringent than those imposed generally upon owners seeking annexation of their
land to the City.
-11-
ARTICLE VI
Indemnification of the City
Section 1 . City Held Harmless The Company shall construct, maintain and
operate its plant, equipment, poles, wires, mains, pipes, structures and other facilities in
a manner which provides reasonable protection against injury or damage to persons or
property. The Company shall save the City harmless and indemnify the City from and
against all liability, or damage and all claims or demands whatsoever in nature, and all
reasonable expenses, including attorneys' fees, arising out of the operations of the
Company within the City.
Section 2 . Notice to Company The City will provide notice to the Company
of the pendency of any claim or action against the City arising out of the operations of
the Company, the exercise by the Company of its franchise rights or the performance
hereof by the Company. The Company will be permitted, at its own expense, to appear
and defend or to assist in defense of such claim. Nothing herein stated shall limit the
Company's obligation of full indemnification of the City hereunder.
Section 3 . Financial Responsibility At the time of the approval by the
Company of this Ordinance, and from time to time at the City's request, the Company
shall provide the City with proof of its ability to meet its obligations under this
Agreement, including its ability to indemnify the City as required by this Article. This
proof may take the form of insurance coverage naming the City as an additional insured,
adequate funding of self - insurance, or the provision of a bond. The City may require,
from time to time, and the Company agrees to provide, additional funding of the
Company's indemnification obligations.
Section 4 Payment of Expenses Incurred by City in Relation to Franchise
Ordinance The Company shall pay, in advance, the costs to be incurred by the City to
conduct the franchise election. The Company shall also reimburse the City, within 30
-12-
days after receipt of statement, for all reasonable consultants' and attorneys' charges,
not to exceed $30,000.00, incurred by the City in the initial negotiation of this
franchise. In the event the City institutes litigation against the Company for a breach of
this Ordinance or for an interpretation of the Ordinance, and the City is the prevailing
party, the Company shall reimburse the City for all costs related thereto, including
reasonable attorneys' fees. Nothing contained in this Section shall limit the Company's
indemnification obligation to the City under Article VI.
Section 5 . Breach of Contract In the event the Company fails to fulfill any
of the obligations under this Ordinance, the City will have a breach of contract claim
against the Company, in addition to any other remedy provided by law.
ARTICLE VII
Undergrounding of Company Distribution Facilities
Section 1 Underground Distribution Lines in New Areas The Company will
place underground newly constructed electric distribution lines in accordance with the
Company's tariffs and as required by subdivision or other regulations adopted by the City
or other proper authority.
Section 2 . Overhead Conversion The Company will cooperate with the City
in undertaking and developing a program of converting to underground, existing overhead
electric distribution lines in the City. In furtherance of such program and to assist in
payment of the costs thereof, the City may adopt legislation necessary to accomplish
this conversion which may include authorization for the creation of special districts in
the nature of local improvement districts for areas of the City in which conversion to
underground electric distribution is to be accomplished. The Company shall charge for
such conversions in accordance with Company's filed rules and regulations governing
underground service.
-13-
Section 3 Review of Undergrounding Program Representatives of both the
City and the Company shall meet periodically to review the Company's undergrounding
program. This review shall include:
(a) Undergrounding programs, including conversions, public projects
and replacements, which have been accomplished or are underway by the Company,
together with the Company's plans for additional undergrounding.
(b) The status of technology in the field of electric undergrounding.
(c) Construction and operation and maintenance costs of underground
lines versus overhead lines.
(d) Public projects anticipated by the City.
Such meetings shall be held to achieve a continuing program for the orderly
undergrounding of electrical lines in the City.
Section 4 Cooperation with Other Utilities The City and Company shall,
when undertaking a project of undergrounding, work with other utilities or companies
which have their lines overhead to have all lines undergrounded as part of the same
project. When other utilities or companies are placing their lines underground, the
Company shall cooperate with these utilities and companies and undertake to under-
ground Company facilities as part of the same project.
ARTICLE VIII
Transfer of Franchise
Section 1 . Consent of City Required The Company shall not sell or transfer
its plant or system to or merge with another, nor transfer any rights under this franchise
to another, by stock exchange or otherwise, unless the City shall approve in writing such
sale, transfer, merger, stock exchange or other change in ownership. Approval of the
sale, transfer, merger, stock exchange or other change in ownership shall not be unrea-
sonably withheld and shall be subject to the terms of Section 2 hereof.
-14-
Section 2 . Transfer Fee In consideration of the premises herein contained,
including that the City might share in the value this franchise granted by this Ordinance
adds to the Company's operations, upon direct or indirect transfer or assignment by sale,
merger, exchange of stock or otherwise other than internal corporate reorganization by
the Company, of any rights under the franchise, a transfer fee to be paid by Seller shall
be due and payable at the time of the approval of such transfer, assignment, by sale,
merger, exchange of stock or otherwise, in one lump sum in the amount of $20,000.00 per
year, or fraction thereof, for the remainder of the term of the franchise from the time
of approval of the transfer to the end of said franchise period; provided, however, the
maximum transfer fee shall be $375,000.00, and the minimum shall be $125,000.00.
ARTICLE IX
Purchase or Condemnation
Section 1 City's Right to Purchase or Condemn The right of the City to
construct, purchase or condemn any public utility works or ways, as provided by the
Colorado Constitution and Statutes, is hereby expressly reserved. The City shall have
the right to purchase or condemn all or part of the Company's facilities within or without
the City limits, and portions of power purchase contracts to the extent they are legally
subject to condemnation serving the Pueblo metropolitan area. The City shall have the
option to purchase or condemn these facilities and /or contracts at any time during the
term of this franchise, upon ninety days written notice to the Company, or within ninety
days before, or after, the termination date of this franchise.
Section 2 . Valuation Upon the exercise of the City's option to purchase, the
parties shall negotiate in good faith to determine a purchase price which represents the
fair market value of the facilities and/or contracts. At the option of the City, the
parties shall establish a mutually acceptable payment schedule which may extend over a
number of years. The City is not obligated to make payment in full prior to the accep-
-15-
tance of ownership. If the City and Company cannot reach agreement as to fair market
value or acceptable payment terms within ninety (90) days after commencement of
negotiations, the City may commence condemnation proceedings, and each party shall
have rights provided by law relating to condemnation. No value for franchise or right of
way through streets, alleys, public ways or dedicated easements shall be made in the
condemnation award.
Section 3 Continued Cooperation by Company In the event the City exer-
cises its option to purchase or condemn, the Company agrees that it will continue to
supply the services it supplies under this Ordinance, to the customers of the Company, at
the City's request, for a period not to exceed nine months after the execution of a pur-
chase agreement or - nine months after the date of final order by a court of competent
jurisdiction in the condemnation proceedings. During that period the Company will assist
the City in making an orderly transition from Company- supplied electrical services to
City- supplied electrical services. Subject to the terms of this Ordinance and payment of
the franchise fees, the Company shall continue to receive all revenues from supplying
electrical service during the transition period. The Company shall cooperate with the
City to evaluate the feasibility of acquisition by the City of Company facilities. The
Company shall take no action which could inhibit the City's ability to effectively or
efficiently use the acquired systems. At the City's request, after the acquisition of the
system, the Company shall supply electrical power for use by the City in the City -owned
system under terms and conditions and for such time periods and at such rates as shall be
then established by the City and the Company by agreement. In addition, if the City
purchases the Company's system, the Company shall not compete with the City in the
provision of electric service within the City, as its boundaries exist at the time of pur-
chase, for a period of fifty years from the date of purchase by the City.
-16-
ARTICLE X
Removal of Company Facilities at End of Franchise
Section 1 Limitations on Company Removal If, at the time of termination of
this franchise, no renewal has been negotiated between the City and Company, the
Company shall have no right to remove facilities from streets, public ways and dedicated
easements. The Company shall continue service under the terms of this franchise for a
period of nine (9) months, or until the City has either purchased or condemned the Com-
pany's facilities or alternative arrangements have been made to supply electric power to
the City and its residents, whichever event occurs first. Company facilities located in
public streets, ways and dedicated easements which are not purchased by the City at the
termination of this franchise shall be removed by the Company at Company expense and
all public and private property shall be restored to its former condition. Company need
not remove property that it shall continue to use and maintain.
ARTICLE XI
Small Power Production and Cogeneration
Section 1 Company to Purchase City Generated Energy The City expressly
reserves the right to engage in the production of electric energy from cogeneration and
small power production (City generated power). The Company agrees to purchase such
City generated power from facilities meeting the qualifications for mandatory purchase
under present federal and state law and regulations.
If at the time the power contract is made, the Colorado PUC declines to
determine the Company's avoided costs, the purchase price for City - generated power
shall be determined by whatever state or federal agency has jurisdiction for making such
determination, and if no agency has such jurisdiction, the price shall be set in accordance
with whatever formula had last been used by the Colorado PUC, unless the City and the
Company agree otherwise.
-17-
Payment for City-generated power shall be _guaranteed over
the term of the purchase power contract not to exceed the fran-
chise term, except by mutual agreement.
Section 2 Negotiations to Wheel City- Generated Power
Both parties agree, that upon thirty (30) days written notice
that they will negotiate in good faith in an effort to agree upon
mutually acceptable terms for the Company to wheel City - generated
power, as above defined, to energize City street lights, or to
serve other City facilities or municipal use as the City shall
designate.
Section 3 . Interconnection To facilitate the purchase or
wheeling of City - generated power, the Company shall interconnect
with all City -owned generation. On a case -by -case basis, the
City may determine at its discretion whether it desires to
construct and maintain the interconnection facilities; if the
City does not desire to construct and maintain the intercon-
nection facilities, the Company shall do so and the City shall
pay the actual cost of construction. The Company will then own
and maintain the interconnection provided the cost paid by the
City shall be a contribution in aid of construction as to said
interconnection.
Section 4 . Curtailment The Company shall not curtail
contractual purchases of City- generated power except in emergency
situations.
Section 5 . Enforceability The Company shall be obligated
to purchase City- generated power at the Company's avoided costs
as herein defined for the entire length of the contract term (not
to exceed the franchise term) irrespective of changes in federal
or state legislation or administrative rulings with regard to
cogeneration and small power production.
ARTICLE XII
Forfeiture
Section 1 . Forfeiture If the Company fails to per-
form any of the terms or conditions of this Ordinance, the
City shall notify the Company. In the notice,the City
ME
shall specify the time, not to exceed three (3) months, in which the Company must
remedy the violations. If after such time corrective actions have not been successfully
taken, the City shall determine, whether any or all rights and privileges granted the
Company under this Ordinance shall be forfeited. In the event of the Company's failure
to perform the terms or conditions of this Ordinance is caused by or arises out of any of
the following conditions: disaster, labor disturbances, strikes, lockouts, other industrial
disturbances, acts of God, acts of a public enemy, war, blockade, riot, insurrection,
lightning, fire, storm, flood, explosion, or any regulations, restrictions or acts of govern-
mental agencies, or on account of any eventualities or conditions, whether enumerated or
not, beyond the reasonable control of Company, then, provided Company makes all rea-
sonable effort to perform this Ordinance no forfeiture of this franchise will take place
for the period that said conditions exist and provided further, Company shall forthwith
initiate and continue, with due diligence, to make every reasonable effort to remedy said
condition.
Section 2 . Continued Obligations Upon forfeiture, the Company shall con-
tinue to provide service to this City and its residents for nine (9) months, or until the
City makes alternative arrangements for such service, whichever shall first occur. If the
Company fails to provide such continued service, it shall be liable for all damages to the
City and its residents.
ARTICLE XHI
Amendments
Section 1 . Amendment to Franchise At any time during the term of this
franchise, the City, through its City Council, or the Company may propose amendments
to this franchise by giving thirty (30) days written notice to the other of the proposed
amendment(s) desired, and both parties thereafter, through their designated representa-
tives, will within a reasonable time negotiate in good faith in an effort to agree upon
-19-
mutually satisfactory amendment(s). No amendment to this Ordinance shall be effective
until mutually agreed upon by the City and the Company and until submitted to a vote of
the qualified electors of the City and approval by a majority of those voting thereon.
The word "amendment" as used in this Section does not include a change in franchise fee
as set forth in Article II.
ARTICLE XIV
Miscellaneous
Section 1 . Successors and Assigns The rights, privileges, franchises and
obligations granted and contained in this Ordinance shall inure to the benefit of and be
binding upon Centel Corporation - Southern Colorado Power, its successors and assigns,
and whenever in this Agreement the word "Company" is used, it shall be deemed to refer
to apply to Centel Corporation - Southern Colorado Power, its successors and assigns.
Section 2 . Successor Franchise This franchise granted hereby shall supercede
the franchise agreement between the City and the Company granted by Ordinance No.
2559 approved July 12, 1960 and Ordinance No. 4225, adopted August 25, 1976.
Section 3 . Representatives Both parties shall designate, in writing, repre-
sentatives for the Company and the City who will be responsible for performing the
obligations set forth in this Ordinance.
Section 4 . Severability Should any one or more provisions of this Ordinance
be determined to be illegal or unenforceable, all other provisions nevertheless shall
remain effective; provided, however, the parties shall forthwith enter into good -faith
negotiations and proceed with due diligence to draft a term that will achieve the original
intent of the parties hereunder.
Section 5 . Incorporation This Ordinance, together with the Street Lighting
Agreement, constitute the entire understanding and - agreement of the parties; provided,
however, a breach of the Street Lighting Agreement shall not cause a forfeiture of this
-20-
franchise. There have been no representations made other than
those contained in this Ordinance and in the Street Lighting
Agreement. The covenants contained in this Ordinance and that
Agreement are in consideration for one another.
ARTICLE XV
Approval
Section 1. Voter Approval. This Ordinance shall become
effective August 12, 1985 upon the majority vote in favor thereof
of the qualified electors of the City voting thereon at a special
municipal election to be held on Tuesday, the 13th day of August,
1985.
Section 2. Company Approval. Company shall file with the
City Clerk its written approval of this Ordinance and of all of
its terms and provisions at least ten (10) days prior to the
special municipal election. Company shall file with the City
Clerk its written ratification thereof within ten (10) days after
the approval of this Ordinance by the qualified electors of the
City at said special municipal election. The acceptance and
ratification shall be in form and content approved by the City
Attorney. If Company shall fail to timely file its written
acceptance or ratification as herein provided, this Ordinance
shall be and become null and void.
Certification
Marian D. Mead, City Clerk of the City of Pueblo hereby
certifies that Ordinance No. 5222 was approved by the qualified
registered electors of the City at the special municipal election
held August 13, 1985 by vote of 3386 in favor of the
Ordinance and 1210 against the Ordinance.
Dated this 16th day of August, 1985.
i
[S E A Lj %
City Clerk
-21-
Centel Corporation
Southern Colorado Power
115 West 2nd Street
P.O. Box 75
Pueblo, CO 81002.0075
Telephone 303 545 0360
Extension 243
Kenneth A. Grobe
Vice President
Colorado Operations
May 6, 1985
Mr. Thomas Jagger
City Attorney
City Hall
Pueblo, Colorado
Dear Mr. Jagger:
Centel, as a consideration arising out of current franchise
negotiations, proposes to perform a conversion of all of the
Company -owned street lights in the City of Pueblo from the
present mercury vapor lights to high pressure sodium lights. The
conversion will be completed within two years following the com-
pletion of a franchise agreement mutually acceptable to the city
and the company and following a favorable vote on the franchise
by the qualified electors of the city. The conversion is also
conditioned upon the passage by ordinance of a mutually acceptable
street light contract between the city and the company.
The conversion will be completed at company expense, now esti-
mated to be one million, two hundred fifty thousand dollars
($1,250,000).
New street lighting rates covering the installation and operation
of the high pressure sodium lights will be filed with the Colorado
Public Utilities Commission prior to the start of the conversion.
The proposed rates, if approved by the Commission, will provide
an estimated savings, when the conversion is fully completed, of
eighty -eight thousand dollars ($88,000) annually to the city,
compared to the existing cost of mercury vapor lights.
In earlier talks with the city's public works department and their
consultant, Touche Ross, a savings figure of two hundred ninety -
one thousand dollars ($291,000) annually was being discussed.
At that time the city was exploring the possibility of making a
one million, two hundred twenty thousand dollar ($1,220,000)
contribution in aid for the proposed conversion. A large portion
Centel Corporation
Southern Colorado Power
115 West 2nd Street
P.O. Box 75
Pueblo, CO 81002 -0075
Telephone 303 545 0360
Extension 243
C"M
Kenneth A. Grobe
Vice President
Colorado Operations
May 6, 1985
Mr. Thomas Jagger
City Attorney
City Hall
Pueblo, Colorado
Dear Mr. Jagger:
This is to advise the city that Centel will build a new office
building in the downtown area of Pueblo following the completion
of a franchise agreement mutually acceptable to the city and the
company and following a favorable vote on the franchise by the
qualified electors of the city. The building may be owned by
the company or obtained on a long term lease arrangement. Bar-
ring unforseen difficulties, the new building will be ready for
occupancy within three years following the date of the franchise
election.
It will be of a size sufficient to accommodate the company's
administrative offices and Pueblo division offices as now oper-
ating out of the building at 115 West Second Street in Pueblo.
The company interprets "downtown" as that area encompassed by
Tenth Street on the north, "C" Street on the south, Santa Fe
Avenue on the east and Elizabeth on the west.
Sincerely,
24
e Grobe
Vice President
KAG:mb
_ r
City of Pueblo
THOMAS E. JAGGER
City Attorney
127 West, First National Bank Bldg.
PUEBLO, COLORADO 81003
TO: Marian Mead
FROM: City Attorney
RE: Southern Colorado power, a division of Centel
Corporation - Franchise Ordinance No. 5222
DATE: July 12, 1985
Please retain the enclosed letters from Centel dated
May 6, 1985 relating to the construction of an office
building in the downtown area and conversion of present
mercury vapor street lights to sodium lights in your
Ordinance No. 5222 file.
Very truly _yours,
ILI
7
Thomas E. J ge
TEJ:sm /enc.
cc: John M. Bramble, Cite Manager
�— Centel Corporation
Southern Colorado Power
115 West 2nd Street
P.O. Box 75
Pueblo, CO 81002.0075
Telephone 303 545 0360
Extension 243
Kenneth A. Grobe
Vice President
Colorado Operations
July 19, 1985
Ms.'Marian D. Mead
City Clerk
City of Pueblo
#1 City Hall Place
Pueblo, Colorado
Re: Ordinance No. 5222, an ordinance granting to Centel
Corporation,Southern Colorado Power a non - exclusive
franchise and right to furnish and sell electricity
to the City and to all persons, business and industry
within the City.
Dear Ms. Mead:
Pursuant to Article XV, Section 2 of Ordinance No. 5222 Centel
Corporation, Southern Colorado Power hereby files its written
approval of that Ordinance and all of its terms and provisions.
Very truly yours,
CENTEL CORPORAT ON
,�
Kenneth A. robe
Vice President
KAG:mb
Centel Corporation
Southern Colorado Power
115 West 2nd Street
P.O. Box 75
Pueblo, CO 81002.0075
Telephone 303 545 0360
Extension 243
Kenneth A. Grobe
Vice President
Colorado Operations
August 14, 1985
Ms. :Marian D. :Mead
City of Pueblo
P. O. BOX 1427
Pueblo, Colorado
1
ArZI
Re: Ordinance No. 5222, an ordinance granting to Centel
Corporation- Southern Colorado Power a non - exclusive
franchise and right to furnish and sell electricity
to the City and to all persons, business and industry
within the City.
Dear Ms. Mead:
Pursuant to Article XV, Section 2 of Ordinance No. 5222, Centel
Corporation- Southern Colorado Power hereby files with you its
written ratification of Ordinance No. 5222 granting to Centel
the right to furnish and sell electricity to the City and to all
persons, business and industry within the City for a period of
twenty -five (25) years. That Ordinance having been approved by
the qualified electors of the City at a special municipal election
held the 13th day of August, 1985, Centel Corporation -- Southern
Colorado Power hereby ratifies said Ordinance and agrees that it
will perform the obligations of Centel Corporation- Southern Colorado
Power pursuant to its terms.
Very truly you s,
Kenneth A. Grobe
Vice President
KAG:mb
bcc: W. F. Mattoon
W: E. Anderson
Centel Corporation
Southern Colorado Power
115 West 2nd Street
P.O. Box 75
Pueblo, CO 81002 -0075
Telephone 303 545 0360
Extension 243
Kenneth A. Grobe
Vice President
Colorado Operations
August 14, 1985
Ms. Marian D. :Mead
City of Pueblo
P. O. Box 1427
Pueblo, Colorado
Re: Ordinance No. 5222, an ordinance granting to Centel
Corporation- Southern Colorado Power a non - exclusive
franchise and right to furnish and sell electricity
to the City and to all persons, business and industry
within the City.
Dear Ms. Mead:
Pursuant to Article XV, Section 2 of Ordinance No. 5222, Centel
Corporation- Southern Colorado Power hereby files with you its
written ratification of Ordinance No. 5222 granting to Centel
the right to furnish and sell electricity to the City and to all
persons, business and industry within the City for a period of
twenty -five (25) years. That Ordinance having been approved by
the qualified electors of the City at a special municipal election
held the 13th day of August, 1985, Centel Corporation- Southern
Colorado Power hereby ratifies said Ordinance and agrees that it
will perform the obligations of Centel Corporation- Southern Colorado
Power pursuant to its terms.
Very truly you s,
mil/
Kenneth A. Grobe
Vice President
KAG:mb
City of Pueblo
October 2, 1985
Mr. Kenneth A. Grobe
Vice - President
Colorado Operations
Centel
115 West Second Street
Pueblo, CO 81002
Re: Franchise Ordinance No. 5222
Dear Mr. Grobe:
This letter will certify that on May 29, 1985, Ordinance No.
5239, submitting to a vote of the qualified registered electors
the question of the granting of a franchise to Centel for the
provision of electrical service within the City of Pueblo as set
forth in Ordinance No. 5222, was passed on first presentation and
ordered published by title and public hearing set for June 10,
1985. Ordinance No. 5239 was published by title in the Pueblo
Chieftain, a newspaper of general circulation in the City of
Pueblo on May 30, 1985 and republished June 27, 1985.
A hearing was held on June 10th, 1985 on Ordinance No. 5239
and continued to June 24, 1985, and thereafter Ordinance No. 5239
was passed on second and final presentation by the City Council
on June 24, 1985.
Notice of the election was posted in each precinct polling
place as required by the Municipal Election Code.
Ordinance No. 5222 was duly submitted to the qualified elec-
tors of Pueblo, a municipal corporation, at a special election
held on August 13th, 1985. The qualified electors of the City of
Pueblo approved at that special election Ordinance No. 5222 by a
vote of 3,386 in favor of the Ordinance and 1,210 against the
Ordinance.
This letter will further certify that on July 12, 1985 pub-
lication was duly made in the Pueblo Chieftain, a newspaper of
general circulation, in the City of Pueblo of Ordinance No. 5222
and of the special election to be held to consider it.
OFFICE OF CITY CLERK
P.O. Box 1427 Pueblo, Colorado 81002 (303) 5444747
This letter will further certify that Centel did file with
me, as City Clerk, its written approval of Ordinance No. 5222 and
all of its terms and provisions more than ten days prior to the
special election held August 13th, 1985 by its letter dated July
17th, 1985, a copy of which said letter is attached hereto.
This letter further certifies that Centel did file with me,
as City Clerk, its written ratification of Ordinance No. 5222
within ten days after the special election held August 13th, 1985
by its letter dated August 14th, 1985, a copy of which said letter
is attached hereto.
Very truly yours,
(S E A L)
Marian Mead
City Clerk of Pueblo,
a Municipal Corporation
Attachments (2)
-2-
O'Hare Plaza �. . 1sF�v
8725 Higgins Road
Chicago, ll. 60631
Telephone 3 12 399 25GO
Dale 1. Parker
Vice President and Treasurer
September 30, 1991
Mr. Thomas E. Jagger
City of Pueblo
Office of the City Attorney
127 Thatcher Building
Pueblo, CO 81003
Re: Sale of Centel's Electric Properties to Utilicorp
Dear Mr. Jagger:
The captioned transaction closed on September 30, 1991. Pursuant to Article VIII §2
of Ordinance No. 5222 enclosed is Centel's check in the amount of $375,000 in payment of the
franchise transfer fee.
Sincerely,
DIP:gcg
Enclosure
�.f ✓L.- i wp
ph
'payee will please retain this statement
Reference
52854
Payment of the frand
to Art. VIII §2 of Or
Discounts Taken
ise transfer fee
dinance No. 5222
Net Amount
375,000.00
pursuant
Check Number
10- 073543
z
CEWEL
Centel Corporation
Chicago, IL 60631
This po yment is in full settlement of
the account listed.
Z
^.ental Corporation
Date of Check 9 -26 -91
Check Number
73543
^h;cago, IL 6063!
PAY
THREE HUNDRED SEVENTY FIVE THOUSAND
DOLLARS AND 00 CENTS
66 -156
531
Void After 90 Days
Pay to the Order of.
CITY'OF - PUEBLO
Amount $375,000.00*
OFFICE OF THE CITY ATTORNEY
ATTN MR THOMAS E JAGGER
127 THATCHER BUILDING
=first union National sank
PUEBLO CO 81003
a
,f North Carolina
;trapel Hill, North Carotins
11 1 0735430 i:053101560:
7999805657111
THOMAS T. FARLEY
WILLIAM F. MATTOON
RICHARD W. KNUOSEN
DAVID W. CROCKENBERG
DANIEL C. KOGOVSEK
GARRETT FONDA (1915 -1981)
OF COUNSEL
HARRY S. PETERSEN
MAURICE A. EVENSEN
HENRY P. HAYS
Ms. Marian D. Mead
City of Pueblo
P.O. Box 1427
Pueblo, Colorado 81002
Dear Marian:
PETERSEN & FONDA
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
650 THATCHER BUILDING, P. O. BOX 35
PUEBLO, COLORADO 81002
(303) 545 -9330
October 3, 1985
Re: Ordinance No. 5222
DENVER OFFICE:
1700 GRANT STREET, SUITE 700
303 EAST 17TH AVENUE
DENVER, COLORADO 80203
(303) 893 -9330
REPLY TO:
I enclose a xerox copy of Southern Colorado Power
Division's letter to you dated July 19, 1985, with the return
receipt xeroxed on the back, as well as a xerox copy of the August
14, 1985, letter and return receipt. Based on these I have no
concern about representing to the P.U.C. that these letters were
mailed and received. I suspect someplace in the filing the other
one will turn up.
If you have any questions
s, please advise.
Very truly yot
WFM:rh
enc.
wyll"a� '(. ( t
1,
� • L- a�Q.p °�
l
(Decision No. C85 -1506)
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF THE APPLICATION
OF CENTEL CORPORATION FOR A CERTI-
FICATE OF PUBLIC CONVENIENCE AND
NECESSITY TO EXERCISE FRANCHISE
RIGHTS IN THE CITY OF PUEBLO,
PUEBLO COUNTY, COLORADO.
APPLICATION NO. 37268
ORDER OF THE COMMISSION
GRANTING A CERTIFICATE OF
PUBLIC CONVENIENCE AND
NECESSITY TO EXERCISE
FRANCHISE RIGHTS.
December 12, 1985
STATEMENT
BY THE COMMISSION:
On October 7, 1985, Centel Corporation (Centel or Applicant)
filed Application No. 37268 for an order granting to it a certificate of
public convenience and necessity authorizing the exercise of franchise
rights in the City of Pueblo, Pueblo County, Colorado.
Notice of the application was given by the Commission on
October 17, 1985, in accordance with § 40 -6- 108(2), C.R.S. No protest,
objection, or petition to intervene or otherwise participate in the
proceeding has been filed by any pers.on within the time prescribed.
Accordingly, Application No. 37268 is non - contested and
unopposed, and under § 40- 6- 109(5), C.R.S., may properly be determined
without the necessity of a formal oral hearing.
FINDINGS OF FACT
THE COMMISSION FINDS:
. 1. Applicant is a public utility within the meaning of the
Public Utilities Act of the State of Colorado, and is engaged in the
business of generating electrical energy by steam power plants located in
Pueblo, in Pueblo County, Colorado; at Canon City, in Fremont County,
Colorado; and at Rocky Ford, in Otero County, Colorado, and in
transmitting and distributing such electrical energy by means of
transmission and distribution lines in the Counties of Pueblo, Otero,
Bent, Crowley, El Paso, Fremont, Teller and Custer, in the State of
Colorado, which electrical energy Applicant sells for light, heat, power
and all other purposes to which the energy is applicable, either directly
to consumers or wholesales the energy to other public utilities for
distribution and sale to consumers.
2. Applicant is a corporation organized and existing under the
laws of the State of Kansas, and has been duly authorized to do business
as a public utility in the State of Colorado, and is duly authorized and
empowered by its Articles of Incorporation, as amended, among other
things, to engage in the business aforesaid, and to do all the matters
and things as set forth in its Articles of Incorporation. A true copy of
the authorization of Applicant to do business in the State of Colorado is
on file with this Commission and reference is made to the authorization
for a full statement of the objects and purposes for which Applicant was
and is incorporated and of the business in which it is authorized to
engage.
3. The steam power plants at Pueblo, Canon City and Rocky Ford
are all interconnected by transmission lines, and, together with the
transmission and distribution.lines, emanating and branching therefrom,
for many years past have been owned and operated by Applicant and its
predecessors in title. Among the communities which are, and for many
years past have been, served by Applicant's system, is the City of
Pueblo, a municipal corporation, sometimes referred to hereafter as "The
City of Pueblo" or "The City" in the County of Pueblo, and the
inhabitants of the City, together with the inhabitants of the surrounding
territory. That the City of Pueblo has a population of about 100,117
people, and Applicant serves 40,701 customers in the City.
H
The City is served with electrical energy by Applicant -
alone, and no other public utility has any plant or facilities for the
generation of electrical energy or any line or lines for the transmission
or distribution of electrical energy in the City and the City and its
inhabitants have no means of securing electrical service save through and
by means of the plants and lines of Applicant, and the public convenience
and necessity of The City of Pueblo, a municipal corporation, and its
inhabitants, require the granting and exercise of the franchise rights
set out in the ordinance and the continued maintenance and operation of
its facilities, lines, plant and system, and the extension thereof as
needed, in order to supply electrical energy for light, heating, power,
and all other purposes to Pueblo, a municipal corporation and its
inhabitants.
4. On August 13, 1985, after previous proceedings and
publications in accordance with the Charter of the City of Pueblo in such
case made and provided, the qualified electors of Pueblo, a municipal
corporation, approved the adoption of Ordinance No. 5222 granting to the
Applicant a franchise for electric light, heating, power and other
purposes in the City. The ordinance was approved by a vote of 3,386 in
favor and 1,210 opposed. A copy of the franchise ordinance, so approved
along with a certificate of the Clerk of the City of Pueblo, a municipal
corporation, and other required documents marked Exhibit A are attached
to the application and made a part of the application by reference.
5. Applicant attached to the application Exhibit B, a map
showing generally the territory covered by Applicant's electrical
generating and transmission system in the territory served, and attached
Exhibit C, a map showing generally its transmission and distribution
lines within the City of Pueblo and the streets, avenues, alleys, and
public places'of the City in, upon or along which it is proposed to
exercise the right or privilege granted by the ordinance.
6. Written acceptance by Applicant of the ordinance was duly
filed with the City Clerk on August 14, 1985, and a copy was attached to
the application marked Exhibit D.
7. Applicant states there is no other person, corporation, or
municipality operating in, or supplying electrical energy, as a public
utility, for light, power, heating or other purposes in the City of
Pueblo and Applicant will not compete with any other public utility in
furnishing electricity in the City or in the area adjacent thereto.
8. Applicant's present capital investment in the City of Pueblo
and the territory immediately tributary thereto is approximately
$37,353,675.
9. Applicant states information required under Appendix H,
Paragraph IV A of the Commission's Rules of Practice and Procedure is
included in and with the Application as follows:
2
I
F
(Because the applicant has been and is presently the
supplier of electrical energy for Pueblo, a municipal
corporation, some of Appendix H, paragraph IV -A information has
been omitted.)
ITEM NO
CROSS REFERENCE
1.
Introductory paragraph Exhibit 3 in
Application No. 30669 - Securities;
Exhibit 8 in Application No. 31203 -
Securities; Exhibit 8 in Application
No. 31914 - Securities; Exhibit 8 in
Application No. 32482 — Securities; and
Exhibit 6 in Application No. 33111 -
Securities; and Exhibit 2 in Application
r
No. 34946- Securities.
2.
Exhibit B and C hereto.
3.
Omitted, not applicable.
4.
Omitted, already on file with the
Commission.
5.
Omitted, the Annual report of Centel
Corporation for the year ended
December 31, 1984. It was filed with the
Commission April 1, 1985, and reference
is made to said report.
6.
Paragraph 8
7. Competent evidence will be presented at
the hearing to show qualifications of
applicant to conduct the utility
operations sought in the application, and
that public convenience and necessity
requires the granting of the application.
8. Paragraph 4 and Exhibits A and D hereto.
9. Omitted, not applicable.
10. Notice, Exhibit E, was contemporaneously published in the
Pueblo Chieftain, a newspaper of general circulation.in the City of
Pueblo, and in the service area of Applicant, in accordance with Rule
18 -11.A. of the Commission's Rules of Practice and Procedure.
CONCLUSIONS ON FINDINGS OF FACT
The public convenience and necessity of the City of Pueblo
require the exercise of the rights sought herein by Centel.
THEREFORE THE COMMISSION ORDERS THAT
1. Centel Corporation is granted a certificate of public
convenience and necessity to exercise franchise rights in the City of
Pueblo, Pueblo County, Colorado, in accordance with Ordinance No. 5222,
passed by the qualified registered electors of the City at the special
municipal election held August 13, 1985, and attached to the application
as Exhibit A.
2 Centel Corporation shall surcharge, and separately indicate
on the bills of its customers residing in the City of Pueblo, the
franchise charges authorized by ordering paragraph 1 of this Decision.
3. This Order is effective forthwith.
DONE IN OPEN MEETING the 12th day of December 1985.
(S E A L) THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
`o��issto,yo�,� RONALD L. LEHR
a ..., •• `0.a
EDYTHE S. MILLER
v , c
'� ?�► a•��'w'' ° �o``� ANDRA SCHMIDT
Commissioners
ATTEST: A TRU COPY
Harry
f " Jr.
Executive Secretary
0906P /jw
I
i
n
y
t'