(1) Any municipality which has acquired or constructed any public utility plant, property, or facility has the power to contract with a public utility for the operation of any part or the whole thereof, subject to the provisions of articles 1 to 7 of this title and to exercise, in respect to such public utility, the powers of regulation and supervision conferred upon it by the commission.
(2) Sections 40-5-101 to 40-5-104 shall not apply to railroads.
Source: L. 17: p. 417, § 1. C.L. § 2946. CSA: C. 137, § 36. CRS 53: § 115-5-4. C.R.S. 1963: § 115-5-4. L. 69: p. 938, § 30.
ANNOTATION
Commission determines certification of new area absent preexisting right to serve area. When there is no preexisting right to serve an area, even if there is presently service to a contiguous area, the new area can be certificated to whomever the public utilities commission, exercising its expertise, determines is best able to serve the territory. Rocky Mt. Natural Gas Co. v. Pub. Utils. Comm'n, 199 Colo. 352, 617 P.2d 1175 (1980).