The Greeley tribune., 1912-10-10

with the physical property or operation
other public utility already construct
ed the commission, on complaint OF the
public utility claiming TO be Injurious
such order and prescribe such terms
and conditions for the location OF the
il may seem just and reasonable: ana
provided further. that neither said
Certificate. nor. a franchise. license or
% to an applying public utility FOR the
right to construSt Or operate tels.
occupied by another such utility. Civ
and capable Of serving said city. town.
village or locality under its then exist
Ing plant or M system; or, or ., a; the same
cified In subsection ta) hereof shall
Sndsr permit
hereafter granted. or under any fran
chise. or permit heretofore granted but
the exercise OF which has been sus-
pended for more than one year with
out first having obtained from the COM
venience and necessity require the ex-
ercise of such right OF privilege; pro,
yidsd that hnrns when the shsa p"hiie snr n,
.truction m work and Is Prosecuting such
wHik. snd win n rEsa.onaSie Ea1S diiiSenee in pro-
portion to the magnitude of the under
taking. under any franchise or permit
actually exercised. such public utility
may proceed to the completion OF such
work; and may after such viisna. GEimp.e,,pn nrn.
yided. that nothing In this act con-
tained shall prevent any utility from
or granted BY the constitution OF gen.
eraf laws OF the state OF Colorado.
(c) Before any certificate may issue;
under this section. certified copy OF
Its articles of incorporation or char
ter, II the applicant be corporation,
shall be filed in the Sflice Io OF sn she fom hnWe
tificate, as prayed for. or to refuse TO
construction OF a portion only OF the
contemplated street railroad. line. plant
or system. or extension thereot, or ISf
or privilege and may attach to the
exercise OF the right granted by said
certificate such terms and conni.ions az
and necessity may REQUIRE. II public
utility desires to exercise q right or
privilege under fsansh.se .seupinr permit but
Il. such public utility may apply, to
;nsry the e0mmts0n to the ISSUE Of the certifiea.e
The commission may thereupon make
an order declaring that 1t vii there,
rules and regulations as 1t may. pre-
scribe. issue the desired certificate.
upon such terms and eonditiH,ns nMh,,r rtii,,y al ~
has obtained the contemplated iran
chise or permit. Upon the presenta-
tsfactory to il that such franchise or
permit has been secured by such pubic
utility, the commission shall thereupon
Issue such certificate.
Section Al. Every public utility cor
poration shall have the right to pur-
chase or otherwise acquire. and TO take;
hold. own and & eontrni' % ann ANY otSer paer publie M
utility engaged In the same general
business, organized or existing under
or any other state. and doing business
in this state. or any Otker state or
territory. occupied or about to be oe-
vided. however. that = utility may not
purchase the stocks or bonds o. an.
other utility engaged In = different
class OF business.
issue stocks and stock certificates. and
bonds, notes and other evidences OF
inaeo'eSans maes sSae twsiye % months after the
date thereof. for the following pur
po:es, and no other. namely. x fo5 TT the coG- ae-
struction. completion. extension or Inn
provement Of Its facilities. plant. sys-
tenn and instrumentaiitiss; n or TOT tns t;s
service. or for the discharge or lawful
refundinH of Its obligations. or Tor the
reimbursement OF moneys actually ex-
'pended from Income or from any other
moneys In the treasurey'of the pubic
utility not secured by or obtained from
or honds. notes or other evidences OF
Indebtedness of such public utiiity'
within five years next prior 70 the III
Mission .nk % 70 FOR the required authorization.
for any OF the aforesaid purposes ea
cept maintenance OF s service ma aha ,p,i- ri,
cant shall have kept Ns account ann
Vouchers for such expenditures In such
manner a. TO enable the nYs commss,on no 80 ~
pended and the purposes for which
such expenditure was made: provided.
that such such panmfi pnnirement. Sy; o. OF law. shall
first have secured from the commits
sion an order authorizing such issue.
purpose or purposes to which the Is
sue or the proceeds thereof are to be
applied and that. In the opinion OF the
Dor to be procured or paid for BY such
issue u reasonably required for the
pa.bo'e Or .sses spesa'ea q. o,herwise @
permitted in the order in the case OF
bonds, notes or other evidences of In
are not. in whole or In part. reasonably
income. To enable Il 10 determine
commiesion may hold a hearing. and
may make such additional inquiry or
Investigation, and examine such Wit,
nessss. books. papers. doSuments and
data as Il may deem Of assistance. The
commission may by It's order grant
Or stock certificates. or bonds. notes or
other evidences OF indebtedness in the
amount applied for, or in a Lesser
to the exercise Of It's permission such
condition or conditions as II may deem
reasonable and necessary. The com
mission may authorize Issues OF honds.
notes or other evidences OF indebted
ness. less than. equivalent to or greater
than the authorized or subscribed cap
tion. No public utility shall. without
the consent of the commission. apply
the iasue of any stock or stock Ger
aanca nf indeht edneaG or any part