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:
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Mayor of Grand Junction
City of Grand Junction
250 North 5th Street
Grand Junction, CO 81501
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and
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City Manager
City of Grand Junction
250 North 5th Street
Grand Junction, CO 81501
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With a copy to:
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City Attorney
City of Grand Junction
250 North 5th Street
Grand Junction, CO 81501
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To the Company:
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Regional Vice President, Customer and Community Services
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
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With a copy to:
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Legal Department
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
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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.
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.
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/s/ Stephanie Tuin
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Stephanie Tuin, City Clerk
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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
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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.
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PUBLIC SERVICE COMPANY OF COLORADO
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by: __________________________
Vice President
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ATTEST:
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__________________________
Assistant Secretary
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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.
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In witness whereof, I have hereunto set my hand and affixed
the Seal of said City this 15th day of April 2011.
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/s/ Stephanie Tuin
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Stephanie Tuin, City Clerk
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PUBLIC SERVICE COMPANY OF COLORADO
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By:_________________________________
Jerome Davis
Regional Vice President
Customer and Community Relations
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Attest: ______________________________
Asst. Secretary
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