The Monte Vista journal. (Monte Vista, Rio Grande County, Colo.) 1888-1921, 1912-10-19

other public utility already const rna,
GU; me commission. on complaint OF tho
Nv nsSo utat'y claiming to be Injurious
~ aiiected. may, after hearing, make
suSh order and prescribe such terms
ana ana conditions for the location OF the
/, t" yao pants or systems affected as to
=. may seem Just and reasonable; ana
proViGed further, that neither said
otha iehte, nor a franchise, license or
o to consent shall be given or granted
20 an applying public utility for The
right TO construct or operate a teIe-
phone, electric light, gas or street
any nit, plant of system or business in
any city' town, village or locality then
occupied by another such utility civ
ing like service. which is able willing
ana s.ii capable of serving said city. town.
village or locality under its then exist
ing plant or system. or as the same
may be extended or constructed.
,dol No public utility of a class spe-
SSiiaeu IN subsection (a) hereof shall
nehceforth exercise any right or priv
| ilege under any franchise or permit
| hereafter granted, or under any fran
Ghise 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
mission certificate that public con-
Venlence and necessity require the ex-
eTGlse OF such right or privilege; pro-
vlded' that when the commission shall
INA, after hearing, that a public util-
| lty has heretofore begun actual con-
struction work and is prosecuting such
| work, In good faith, uninterrubtedly
ana 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-
exercising any right or privilege given
or granted by the constitution or gem
eral laws of the state of Colorado.
| tc) Before any certificate may Issue,
under this section a certified copy of
| Its articles of Incorporation or char
ter If the applicant be corporation
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
utility desires to exercise a right or
| privilege under a franchise or permit
which 1t contemplates securing, but
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.
| Inc commission may lHtTeupOn Ulahe
an order declaring that 1t will there
after. upon application. under such
rules and regulations as 1t may pre-
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
utility engaged in the same general
business. organized or existing under
or by virtue of the laws of this state
or any other state, and doing business
in this state, or any other state or
territory, occupied or about to be &C.
cupied by such purchasing utility: pro-
vided however. that a 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
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-
quisition Of property, or for the con-
struction, completion, extension or I'M
DrOVement of It's facllitleS, pant, Sys-
TEN and instrumentalities, or for the
| Improvement or maintenance or Its
| service or for the discharge or lawtul
refunding 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
the Issue OF stocks or stock certlflcates,
or bonds. notes or other evidences of
| indebtedness of such public utlllty,
| within five years next prior TO the Ill
ing of an application with tne com ,1nn
for any of the aforesaid purposes ex-
| cept maintenance of service ana re-
placements, in cases where the appIi,,
| cant shall have kept its account and
| vouchers for such expenditures IN such
manner as to enable the commission to
| ascertain the amount OF moneys SO eN-
| pended and the purposes Tor Whlcn
such expenditure was made; provided,
that such public utility. In ADDITION 10
| the other requirements or law, shaII
| firet have secured from the commits
sion an order authorizing such issue,
| and stating the amount thereot ana the
! purpose or purposes TO whlch the IS
| sue or the proceeds thereoL hre 70 ne
applied. and that. in the opinion OF ths
| Commission the money, properly or IA
| nor TO be procured or PAID Tor by suSn
issue is reasonably required for me
| purpose or purposes speclIied IN tne
ppraer and that, except as otherwise
permitted In the order IN the case Oh
| bonds notes or other evidences OF IN
| dehtedness such purpose or purposes
are not in whole or in part reasonably
| cbarpeable to operating expenses or 10
| Giai To enable II to determine
i wSStRer II 70 will issue such order. the
Commission may hold hearing and
may may make such additional inquiry dnh vi or
| Investigation, and examine sucn wiz,
nassss hooks. papers, documents and
non1rects and require the filing OF such
data as It may deem OF assistance me dne
nneermissIon for the Issue OF such stocks
pc tack certificates, or bonds, notes or
other evidences of indebtedness In the
mount applied for, or In a lesser
| io,,nt or not at all, and may attach
~ ~ me exercise OF its permission such
Condition or conditions az 1t may deem
| .onSnnnble and necessary. me COM