Gilpin observer., 1912-10-17

with the physical property or operation
OF. the line. plant or system OF any
ed. the commission. on complaint of the
public utility claiming to be Injurious
y affected may after hearing tnrms mans
and conditions for the location of the
! lines, plants or systems affected as to
provided further. that neither said
certificate, nor a franchise. license or
other consent shall be given or granted
right to CONSTRUCT or operate tele.
phone. electric light. gas or street
plant of sssem a or sen I'm
occupied by another SUCH utility CIV
| Ing like service which is able. willing
| village or locality under it's then exist
| ing plant OF system. or as the same
may be extended or constructed.
| Obj No public utility of a class spe-
Gifted in subsection (a) hereof shall
henceforth exercise any right or PRIV.
ilege under any, franchise or permit
| chfse or permit heretofore granted but
not heretofore actually exercised, or
| pended for more than one year. with
out first having obtained from the COM
mission a eertifiease that u,ua public tS. con on
ercise of such right or privilege; pro,
vided, that when the commission shall
ity ii' has as heretofore begun actual con
struction work and is prosecuting such
work. In good faith, n,ninterrnptealy @
| portion to the magnitude OF the under.
taking, under any franchise or permit
| heretofore granted but not heretofore
actually exercised. such public utility ii!ti,
| may proceed to the completion OF such
work, and may. after such G1inpiet,on, rn
vided. that nothing. in this act con-
| tanned shall prevent any utility from
exercising any right or P,ne PriX,ilese or g1sen snn
erai laws of the state of Colorado.
(c) Before any certificate NAV issue;
| its articles of Incorporation or char
ter IL the applicant be corporation,
shall be filed in the office OF h the fome hsHs
power after hearing. TO issue said GER
tificate, prayed for. or to refuse TO
construction of portion only of the
| contemplated street railroad, line. plant
or system. or extension thereon; or Iet
| the part ial exercise only OF said right
or privilege, and may attach to the
exercise of the right granted by said
in its judgment the public conyenienee
and necessity may require. II public
| utility desires to exercise right or
| privilege under a franchise or permit
which it contemplates securing. but
| which has not as yet been granteo 70
it, such public utility may apply, to
| the commission for an order Prelim-
| mary to the issue of the certificate
The commission may thereupon make
after upon application. under such
rules and regulations as 1t may pre-
scribe. issue the desired certificate.
| may designate. after the pubic utiiity
has obtained the contemplated fran
| chise or permit Upon the presenta-
ton to the commission of evidence sat
| isfactory to 1t that such franchise or
permit has been secured by such public
| utility, the commission shall thereupoh
| 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
utility engaged In the ,sfin SANE seneIa mnder
| or by virtue of the laws of this state
or any other state. and doing business
territory, occupied or about to be oc-
| cupied by such purchasing utility; pro-
vided. however. that utility may not
! purchase the stocks or bonds OF an
| other utility engaged In different
| class of business.
Section AZ. ta) A public utility may
bonds. notes and other evidences OF
| Indebtedness payable at periods OF
date thereof anaa .wsre for the 0
| poses, and no others. namely. for the ac-
quisition OF property. or for the con-
| provement of Its facilities, plant. sys-
tenn and instrumentalities. or for the
mpr,osemenft p, fo- or The manae dlsnbarae or iawfui
| refunding of its obligations, or for the
| reimbursement of moneys actually ex-
| pended from income or from any other
| moneys In the treasurey OF the public
| utility not secured by or obtained from
| the issue of stocks or stock certificates,
| or bonds, notes or other evidences of
| indebtedness of such public utility.
| within five years next prior to the fill
| ing of an application with the COM
mission for the required authorization.
| for any of the aforesaid purposes ex-
| cept maintenance of service and re
| cant shall have kept its account and
| vouchers for such expenditures In such
manner to enable the commission to
| ascertain the amount OF moneys so ex-
| pended and the purposes for which
| such expenditure was made: provided.
| that such public utility. in addition to
| first have secured from the commits
| sion an order authorizing such issue.
| and st tating the amount thereof and the
| purpose or purposes to which the Is
| sue or the proceeds thereof are to be
applied. and that. in the opinion OF the
| mission, the money. property or la
| Dor to be procured or paid for by such
| issue is reasonably required for the
order, and that. except as otherwise
| permitted in the order In the case of
| bonds notes or other evidences OF In
debtednsss such purpose or purposes
| are not. In whole or In part. reasonably
| chargeable to operating expenses or to
SetSer nSeme TO viii, fnise issae sueR order the
| commission may hold n hearing. and
may make such additional Inquiry or
| investigation. and examine such wit
nesses. books, papers. documents and
| contracts and fequire the filing of such
data as II may deem of assistance. The
| commission may by Its order grant
permission for the issue of such stocks
| or stock certificates. or bonds, notes or
| other evidences of Indebtedness In the
amount applied for. or In lesser
amount. or not at all. and may attach
| to the exercise OF Its permission such
| condition or conditions as 1t may deem
reasonable and necessary. The COM
| mission may authorize Issues of bonds.
| notes or other evidences of indebted
ness. less than, equivalent to or greater
| itaI stock of public utility corpora
| tion No public utility shall. without
| the consent of the commission, apply
| the issue of any stock or stock GER
| tificate, or bond, note or other evil
dence of Indebtedness. or any part
| any purpose not specified in the COM
missions order. or to any purpose spe-