|
<br />City, for the purpose of removing therefrom any or all of its plants, structures,
<br />
<br />pipes, mains, conduits, cables, poles and wire, or equipment pertaining thereto
<br />
<br />at any time after the City has had ample time and opportunity to purchase,
<br />
<br />condemn or replace them. In so removing said pipes, mains, conduits, cables,
<br />
<br />poles, wire and equipment, the Company shall, at its own expense and in a
<br />
<br />workmanlike manner, refill any excavations that shall be made by it in the
<br />
<br />graveled or paved streets, alleys, bridges, viaducts, roads, lanes, public ways
<br />
<br />and other public places afte:r the removal of mains, pipes, conduits, poles, or
<br />
<br />other structures.
<br />
<br />Section 3. Acquisition by City. It is agreed and understood
<br />
<br />that in the event the City should purchase or condemn the electric distribution
<br />
<br />system or the gas distributi.on system of the Company, or both, as provided by
<br />
<br />law, then for such purpose this franchise shall be construed as two separate
<br />
<br />and independent franchises, one relating to the electrical distribution
<br />
<br />system, and the other relati.ng to the natural gas distribution system.
<br />
<br />Section 4. PolicE~ Power Reserved. The right is hereby reserved
<br />
<br />to the City to adopt, from time to time, in addition to the provisions herein
<br />
<br />contained, such ordinances as may be deemed necessary in the exercise of its
<br />
<br />police power, provided that such regulations shall be reasonable and not
<br />
<br />destructive of the rights hE!rein granted, and not in conflict with the
<br />
<br />laws of the State of Colorado, or with orders of other authorities having
<br />
<br />jurisdiction in the premises.
<br />Section 5. Forfeiture. It is agreed that in case of the failure
<br />
<br />of Company to perform and carry out any of the stipulations, terms, conditions
<br />
<br />and agreements herein set forth in any substantial particular, and with respect
<br />
<br />to which redress is not otherwise provided, the City acting by and through its
<br />
<br />City Council may, after hearing, determine such substantial failure; and there-
<br />
<br />upon, after notice given thE~ Company of such determination, the Company shall
<br />
<br />have a reasonable time not to exceed six (6) months in which to remedy the
<br />
<br />conditions respecting which such determinations shall have been made. After
<br />
<br />the expiration of such time and failure to correct such conditions, the City
<br />
<br />-7-
<br />
|