Loading...
HomeMy WebLinkAbout98aR E S: O L U T I O ii . 'YI✓_�AS, heretofore there has been submitted to the Council of 2uebl o, a t En d er of surrenC er of f mn chis e b y the Puebl o Gas and Fuel Company, End 'RHEtREAS, the question of the validity of Ordinance Teo. 851 set forth as a basis for said tender, has been decided contrary to the --*d contention of the Pueblo teas and Fuel Company by judgment of the Distridt Oourt of the united States for the yistriat of Colorado in proceedings initiated by the said Pueblo Gas anci 2uel Company for determination of that question,and the validity of said ordimnee has i been sustained an, said ordinance has been determined to be a valid and binding contract between the City of Pueblo and the Pueblo Gas and Fuel Company, and lH'R EAS , the impossibility of per fo rmanc e set forth in said tend er as a reaso n f or the surmnd er of s aid franch ise , l be en d e- termined by the same Court to be not a legal impossibility; and con- sidering further that the City of Pueblo has heretofore Offered to waive the provisions of the contract contained in Ordinance llo. 851 for a period of two years and thus relieve such impossibility as exists, if any, and it is the opinion of the J"ouncil that such offer should be now continued; NO W, = l:]F ORE , Bra. IT RES01,VED BY 1 ZE, COUNCIL 0 PUT,LO: That the tend er of its franchise b y the x-uebl o Gas and ruel Company filed with the City Clerk July 31, 1920, be and the same is hereby refused and rejected by the City of Pueblo; and further, that the Oouncil of Pueblo hereby express their willingness to proceed in due form to waive by contract f or su ch peri o d a s may b e a gre ed upon, not to exceed two years, the rates at which the Pueblo ��as and Fuel Company is required to furnish gas by the terms of Ordinance No. 851, and to provide in sail contract for a rate which shall relieve any it 2. impossibility of performence as elai:med by the Pueblo Gas and fuel Com- pany; provided, however, that at the expiration of the time to be agreed upon, Ordinance Igo. 851 slall continue in full force according to its legal tenor and effect as to rates, sub to such further agreement as may be deemed necessary and yactical at that time by the City of Pu ebl o and the Pueblo Gas and `ue 1 Co mpany. Tntiro duo, -eA �Wuig ) _ ,1920, By ommiss Toner. SURRENDER OF FRANCHISE OF TII� PUEBLO GAS & FUEL COITANY This is to certify that at-a meeting of the Board of Directors of The Pueblo Gas & Fuel Company this day regu- larly held, the following resolution was unanimously adopted; "WHEREAS, It has become absolutely impossible for The Pueblo Gas & fuel Company to manufacture and sell gas at the ratEe specified in Ordinance No. 851 of the City of Pueblo, entitled 'An Ordinance granting franchise rights to The Pueblo Gas & Fuel Company' for reasons which have been fully explained to the Council of the City of Pueblo and are at length set forth in the bill of complaint heretofore filed in the District Court of the United States for the District of Colorado, in Cause No. 1652, entitled The Pueblo Gas & Fuel Com- pany, a corporation, Plaintiff vs. City of Pueblo, a. Municipal corporation, Defendant,. and "WHEREAS, The Pueblo Gas & Fuel Company be- lieves and contends that said Ordinance No. 851 is in- valid and of no force and effect and that the provisions thereof are not binding upon it or upon the City of Pueblo, "TIEREFORE, Be It Resolved that The Pueblo Gas & Fuel Company hereby surrenders to the City of Pueblo the franchise and all rights which said Ordi- nance No. 851 attempts or purports to confer upon this Company; and that James IT. Daily as Treasurer and General Manager, and C. G. Keeler as Secretary, be and hereby are empowered and directed to notify the Council of the City- of pueblo of t?_is action and to execute in the name of The Pueblo Gas & Fuel Company a surrender of said franchise and rights and deliver the same to the City of Pueblo." Wherefore, The Pueblo Gas & Fuel Company her -iby surrenders to the City of Pueblo the franchise and any and all rights and privileges which said Ordinance No. 851 pur- rorts to confer upon said Company. ITS ` "'ITTd'" '�??I?R +,OF, The Pueblo Gas & Fuel C:ommany has caused its corpor-�.te name to be hereunto subscribed by its Treasurer and General T. Ia.nager, ana its corporate seal to be hereunto affixed by its Secretary, this Twenty -ninth day of July, A. D. 1920. TIFF, GAS & ML CO?-'?' a NY, asurer and General Ia7Rr. Atte,s. ecretary.