The Monte Vista journal., 1912-10-26


ca, the commission, on complaInt Of ~ |
pubic utility claiming to be iniuriouss
syc bii ert' may. after hearing, make
go Greer and prescribe such terms
ana conditions for the location of tbe
ines. plants or systems affected as 10
nrd may seem Just and reasonable; ana
cert uI ,Tiee, further, that neither said
othan iSate, nor a franchise, license or
oIher consent shall be given or granted
~ an applying public utility for the
right to construct or operate a teIe
phone, electric light, gas or street
railway plant of system or business in
amy city. town, village or locality then
occupied by another such utility Civ
ING ing IKE service, which Is able, willing
ana capable of serving said city. town,
NILIage or locality under its then exist
ing plant or system or as the same
may be extended or constructed
,6bl No public utility of a class spe-
cried In subsection ta) hereof shall
,nie en,o exercise any right or priv
,iese under any franchise or permit
hereafter granted, or under any fran
chise or permit heretofore granted but
not heretofore actually exercised or
the exercise of which has been sus-
pended for more than one year, with
out tlrst having obtained from the COM
u ,tiSSilOn cerIiflcate that public con-
Vehlence and necessity require the ex-
ercise of such right or privilege; pro-
Vlded, that when the commission shall
find, after hearing. that public utll-
ity has heretofore begun actual con-
struction work and is prosecuting such
work, In good faith, unnterruptedly
anu with reasonable diligence In pro-
portion to the magnitude of the under
taking, under any franchise or permit
heretofore granted but not heretofore
actually exercised, such public utility
may proceed to the completion of such
work, and may, after such completion.
exercise such right or privilege; pro-
vided that nothing. in this act con-
tained shall prevent any utility from
exercising any right or privilege given
or granted by the constitution or gem
eral laws of the state of Colorado.
q mn lee
under this section, certified copy of
Its articles of incorporation or char
shall be filed In the office of the com
mission. The commission shall have
power, after hearing, to issue said GER
tificate as prayed for, or to refuse to
| issue the same. or to Issue 1t for the
| construction of a portion only of the
contemplated street railroad, line. plant
or system, or extension thereof, or for
the partial exercise only OF said right
| or privilege, and may attach to the
| exercise of the right granted by said
| certificate such terms and conditions as
| in its judgment the public convenience
| and necessity may require. II public
| utility desires to exercise right or
priyilegH under franchise or permit
which has not as yet been granted to
1t, such public utility may apply. to-
the commission for an order prelim-
| mary to the issue of the certificate.
| The commission may thereupon make
| an order declaring that 1t will there
after, u9on application. under such
scribe issue the desired certificate,
upon such terms and conditions as 1t
may designate, after the public utility
| has obtained the contemplated fran
| chise or permit Upon the presenta-
ton to the commission of evidence sat
isfactory to it that such franchise or
permit has been secured by such public
| 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 control. any part or all
| of the capital stock of any other public
business, organized or existing under
| or by virtue of the laws of this state
or any other state. and doing business
In tbs st oeenpied any or about to be- oo
| cupied by such purchasing utility: pro-
| vided, however. that utility may not
| purchase the stocks or bonds of an
other utility engaged in a different
| class of business.
Section AZ. Ia A public utility may
Issue stocks and stock certificates. ana
bonds, notes and other evidences OF
Indebtedness payable at periods of
| more than twelve months after the
| date thereof, for the following pur-
| poses and no others. namely, for the ac-
| auisition OF property or for the con-
| struct ion, completion. extension or I'M
| provement of its facilities. plant sys-
| tenn and instrumentalittes, or Tor the
| Enforcement or maintenance of Its
service, or for the discharge or lawful
| refunding of its obligations, or Tor the
| REIN bursement of moneys actually ex-
| nended from income or from any other
| moneys in the treasurey OF the puDlic
| utility not secured by or oDtalned from
| the Issue of stocks or stock certlllcates,
or bonds notes or other evidences of
| indebtedness of such pubic utility'
| within five years next prior TO the III
inc of nm application with the COM
| Mission for the required authorization,
| for any of the aforesaid purposes ex-
| cent maintenance of service ana re-
| placements, In cases Where tne ap pa
| can't shall have kept Its account ana
| vouchers for such expenditures IN such
| manner as to enable the commission 10
ascertain the an. amount nmrn ot lo FOR which
| such expenditure was made; provided.
| that such public utility. In ADDITION 10
the other requiremeennooss , u The .a Commits
| sion an order authorizing such issue
| and stating the amount thereon ana the
purpose or PURPOSES t no %,tI are to be
| applied and that. in the opinion OF tns
| commission, the money properly OF "a
| Dor to be procured or p aiu aoI ~ iba
| issue is reasonably required t9r the
| nnrnose or purposes specified In the
| order. and that, except as otherwlse
permitted in the qruer , N me- Of in.
5ehtedness such purpose or purposes
are not In whole or In part, reason ~
chargeable to operating eHPe1nS oi er va
,n,lSSo oth II will Issue such order. the
cnmmissIon may hold n hearing. and
may %Ef such and Sd exa%ino saGR Wiz
lilS s hooks. papers, documents ana
n S,,Sracts and require the filing OF such
data as il may deem Of ass ntGar The
eo,ri,,,t,,ission for the Issue OF such stocks
pc stncIs Certificates, or bonds, notes or
Other OF evidences OF Indebtedness iss ,ss
aIiort or not at all, and may attach
az Ihe exercise OF its permission such
Condition or conditions as II may deem