Neither the City nor the company shall be excused from complying with any of the terms and conditions of this franchise by any failure of the other, or any of its officers, employees, or agents, upon any one or more occasions, to insist upon or to seek compliance with any such terms and conditions.
The rights, privileges, and obligations, in whole or in part, granted and contained in this franchise shall inure to the benefit of and be binding upon the company, its successors and assigns, to the extent that such successors or assigns have succeeded to or been assigned the rights of the company pursuant to Article 15 of this franchise.
Nothing contained in this franchise shall be construed to provide rights to third parties.
Both parties shall designate from time to time in writing representatives for the company and the City who will be the persons to whom notices shall be sent regarding any action to be taken under this franchise. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party, delivered in person or by certified mail. Until any such change shall hereafter be made, notices shall be sent as follows:
To the City:
Mayor of Grand Junction
City of Grand Junction
250 North 5th Street
Grand Junction, CO 81501
and
City Manager
City of Grand Junction
250 North 5th Street
Grand Junction, CO 81501
With a copy to:
City Attorney
City of Grand Junction
250 North 5th Street
Grand Junction, CO 81501
To the Company:
Regional Vice President, Customer and Community Services
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
With a copy to:
Legal Department
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
The parties agree that any duly authorized representative of the City and the company shall have access to and the right to examine any directly pertinent nonconfidential books, documents, papers, and records of the other party involving any activities related to this franchise. All such records must be kept for a minimum of four years. To the extent that either party believes in good faith that it is necessary in order to monitor compliance with the terms of this franchise to examine confidential books, documents, papers, and records of the other party, the parties agree to meet and discuss providing confidential materials, including but not limited to providing such materials subject to a reasonable confidentiality agreement which effectively protects the confidentiality of such materials and complies with PUC rules and regulations.
The company shall provide the City, upon request not more than every two years, a list of utility related property owned or leased by the company within the City. All such records must be kept for a minimum of four years.
Upon written request, the company shall provide the City non-confidential copies of all applications, advice letters and periodic reports, together with any accompanying non-confidential testimony and exhibits, filed by the company with the Colorado Public Utilities Commission.
Upon written request, the company shall provide the City Manager or the City Manager’s designee with:
(a) 
A copy of the company’s or its parent company’s consolidated annual financial report, or alternatively, a URL link to a location where the same information is available on the company’s web site;
(b) 
Maps or schematics in electronic format indicating the location of specific company facilities, including gas or electric lines, located within the City, to the extent those maps or schematics are in existence at the time of the request and related to an ongoing project within the City; and
(c) 
A copy of any report required to be prepared for a federal or State agency detailing the company’s efforts to comply with federal and State air and water pollution laws.
(a) 
The company shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of every name, nature, and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, or which may become a lien or charge against this agreement (“impositions”); provided, that company shall have the right to contest any such impositions and shall not be in breach of this section so long as it is actively contesting such impositions.
(b) 
The City shall not be liable for the payment of taxes, late charges, interest or penalties of any nature other than pursuant to applicable tariffs on file and in effect from time to time with the PUC.
The parties agree that no official, officer or employee of the City shall have any personal or beneficial interest whatsoever in the services or property described herein and the company further agrees not to hire or contract for services any official, officer or employee of the City to the extent prohibited by law, including ordinances and regulations of the City.
The City agrees to support the company’s application to the PUC to obtain a certificate of public convenience and necessity to exercise its rights and obligations under this franchise.
Each party represents and warrants that except as set forth below, it has taken all actions that are necessary or that are required by its ordinances, regulations, procedures, bylaws, or applicable law, to legally authorize the undersigned signatories to execute this agreement on behalf of the parties and to bind the parties to its terms. The persons executing this agreement on behalf of each of the parties warrant that they have full authorization to execute this agreement. The City acknowledges that notwithstanding the foregoing, the company requires a certificate of public convenience and necessity from the PUC in order to operate under the terms of this franchise.
Should any one or more provisions of this franchise be determined to be unconstitutional, illegal, unenforceable or otherwise void, all other provisions nevertheless shall remain effective; provided, however, to the extent allowed by law, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft one or more substitute provisions that will achieve the original intent of the parties hereunder.
Neither the City nor the company shall be in breach of this franchise if a failure to perform any of the duties under this franchise is due to force majeure, as defined herein.
This franchise shall constitute the only franchise between the City and the company for the furnishing of utility service, and it supersedes and cancels all former franchises between the parties hereto.
Titles of the paragraphs herein are for reference only, and shall not be used to construe the language of this franchise.
Colorado law shall apply to the construction and enforcement of this franchise. The parties agree that venue for any litigation arising out of this franchise shall be in the District Court for Mesa County, State of Colorado.
I hereby certify that the foregoing People’s Ordinance No. 37 was introduced, read and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular meeting of said body held on the 29th day of November, 2010 and that the same was published in The Grand Junction Daily Sentinel on December 1, 8, 15, 22, 29, 2010 and January 5, 2011 and that People’s Ordinance No. 37 is to be submitted to the registered electors of said City for their acceptance or rejection at the municipal election to be held April 5, 2011.
/s/ Stephanie Tuin
Stephanie Tuin, City Clerk
ACCEPTANCE BY PUBLIC SERVICE COMPANY OF COLORADO OF A GAS AND ELECTRIC FRANCHISE GRANTED BY THE CITY OF GRAND JUNCTION, MESA COUNTY, COLORADO, BY PEOPLE’S ORDINANCE NO. 37
Whereas, Public Service Company of Colorado and the City of Grand Junction, have negotiated the terms and conditions of a new gas and electric franchise between said company and the City of Grand Junction, which franchise is as set forth in People’s Ordinance No. 37 of the City of Grand Junction, adopted by the City, and entitled in part: “An ordinance granting a franchise by the City of Grand Junction to Public Service Company of Colorado, d/b/a Xcel Energy, its successors and assigns, the right to furnish, sell and distribute gas and electricity to the City and to all persons, businesses, and industry within the City and the right to acquire, construct, install, locate, maintain, operate and extend into, within and through said City all facilities reasonably necessary to furnish, sell and distribute gas and electricity within the City and the right to make reasonable use of all streets and other public places and public easements as herein defined as may be necessary; and fixing the terms and conditions.”
Now, therefore, in consideration of the premises and in pursuance of the provisions of said People’s Ordinance No. 37 of the City of Grand Junction, Public Service Company of Colorado does hereby accept the terms and conditions contained in said ordinance as the franchise agreement between Public Service Company of Colorado and the City of Grand Junction, Mesa County, Colorado.
In witness whereof, Public Service Company of Colorado has caused its corporate name to be hereunto subscribed by its Vice President, and its corporate seal to be hereunto affixed, attested by its Assistant Secretary, as of the _____ day of _______________, 2011.
PUBLIC SERVICE COMPANY OF COLORADO
by: __________________________
Vice President
ATTEST:
__________________________
Assistant Secretary
I hereby certify that the foregoing People’s Ordinance No. 37 was submitted to a vote of the registered electors for their adoption or rejection at municipal election held in the City of Grand Junction on the 5th day of April 2011, at which election a majority of the votes were cast in favor of the acceptance of People’s Ordinance No. 37.
In witness whereof, I have hereunto set my hand and affixed the Seal of said City this 15th day of April 2011.
/s/ Stephanie Tuin
Stephanie Tuin, City Clerk
PUBLIC SERVICE COMPANY OF COLORADO
By:_________________________________
Jerome Davis
Regional Vice President
Customer and Community Relations
Attest: ______________________________
Asst. Secretary