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Show AN ORDINANCE AN ORDINANCE GRANTING TO MOUNTAIN FUEL SUPPLY COMPANY, A COR-PORATION COR-PORATION OF THE STATE OF UTAH, ITS SUCCESSORS OR ASSIGNS, A FRANCHISE FRANCH-ISE FOR THE CONSTRUCTION CONSTRUC-TION AND OPERATION OF A GAS DISTRIBUTION SYSTEM SYS-TEM IN DUCHESNE, INCORPORATED, IN-CORPORATED, DUCHESNE COUNTY, STATE OF UTAH FOR A TERM OF FIFTY YEARS, AND FIXING AND PRESCRIBING CONDITIONS AND TERMS THEREOF. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF DUCHESNE, INCORPORATED, INCORPOR-ATED, DUCHESNE COUNTY, UTAH: Section 1. That there is hereby granted to Mountain Fuel Supply Company, a Utah corporation, its successors or assigns, hereinafter called grantee, the right, privilege and franchise to construct, maintain and operate in the present pre-sent and future streets, alleys and parkways, and other public places in DUCHESNE, INCORPORATED, INCOR-PORATED, a system of gas mains, supply pipes and laterals with all necessary or desirable appurtenances, for the purpose of supplying gas for light, heat, - power and other purposes to I City of DUCHESNE, INCORPORATED, INCOR-PORATED, the inhabitants there -of, and persons and corporations beyond the corporate limits thereof, for the term and under the conditions hereinafter set . forth Section 2. All mains, pipes and laterals shall be so laid as to interfere as little as possible with traffic over the streets and alleys. The location of all mains, pipelines and laterals may be fixed under the supervision super-vision of the governing authorities author-ities of City of DUCHESNE, INCORPORATED. Section 3. The Grantee may make and enforce reasonable reason-able rules and regulations in the conduct of its business and may require before furnishing service the execution of a contract con-tract therefor. Grantee shall have the right to contract with each consumer with reference to the installation of service pipelines and uie control of service pipes from the connection connec-tion thereof with the supply lines of the grantee in the streetjs, to and including the meter located lo-cated on the consumer's premises. pre-mises. For the purpose of securing secur-ing safety and good service to the consumer and in the public interest, grantee shall have the right to prescribe the sizes and kinds of the pipe to be used by the consumer in conveying gas on consumer premises and shall have the right to classify the consumers of said gas in the corporate limits of City of DUCHESNE, INCORPORATED, according to the time of use, character of use, quantity of gas required, and such other conditions as may be reasonable and subject to the regulations herein provided for, and the rights herein prescribed and such reasonable classifications, the grantee shall furnish gas without unjust discrimination and at a uniform price to all consumers of the same class, and to all persons along the established lines or mains of the grantee, who have properly observed such rules and regulations regula-tions and acceded to the rights herein reserved to said grantee. Section 4. The right is hereby granted unto the said grantee to furnish, distribute, supply, sell and require payment pay-ment for gas to all persons and corporations in the said DUCHESNE, DUCH-ESNE, INCORPORATED, through the said system of gas mains, supply pipes and laterals, lat-erals, and to do all things necessary and incident thereto, in accordance with the terms and conditions herein specified. Section 5. The gas furnished furnish-ed by the grantee shall be sold and delivered to the consumer's through standard meters and DUCHESNE, INCORPORATED, reserves the right to test the accuracy of any meter in ser- i vice by a competent officer or agent appointed for that purpose pur-pose by.the Mayor and City Council City of Duchesne Section 6. The rates and prices which the grantee, its successors or assigns, may charge for gas and gas service furnished and delivered and the conditions of service under the terms of this franchise shall be as fixed in accordance with the laws and Constitution of the State of Utah and the laws and Constitution of the United States. Section 7. Permission is hereby granted unto the said Mountain Fuel Supply Company its successors or assigns, to assign this franchise and all rights hereunder, and upon assignment of this franchise in accordance herewith, said successors or assigns, whether individuals or corporations, shall become entitled to all i the rights and privileges herein here-in granted and shall assume all the obligations and duties herein. Section 8. This franchise and all the rights herein granted grant-ed shall terminate at the end of fifty years after the date of passage of this ordinance, unless un-less sooner terminated by virtue vir-tue of the provisions herein contained. Section 9. This ordinance and the rights herein conferred shall be null and void unless the grantee shall, within ninety nine-ty (90) days after the effective date of said ordinance, file with the Recorder, City of DUCHESNE, INCORPORATED, a written instrument declaring its acceptance of the terms and conditions hereof and its intention to be bound by and perform the same. Section 10. This franchise is granted in consideration of the acceptance by the grantee of the terms and conditions of this ordinance as hereinbefore provided, together with the payment by the grantee to the City within ninety (90) days after the effective date of said ordinance of .the total sum of FIFTY DOLLARS ($50. 00). It is understood and agreed by and between the said City of DUCHESNE, INCORPORATED, IN-CORPORATED, and the Mountain Moun-tain Fuel Supply Company that the considerations above provided shall be in lieu of any and all other franchise, occupation, privilege, license, excise, revenue or similar taxes, and all other exactions (except ad valorem property taxes and special assessments for local improvements) upon the revenue, property, gas mains, gas supply and distribution distri-bution pipes, equipment, fixtures, fix-tures, or other appurtenances of said company and all other property or equipment of said company, or any part thereof, including but not limited to any tax levies, license fees or payments imposed or which may hereafter be imposed during dur-ing the term of this franchise. Section U. When the grantee gran-tee shall make or cause to be made excavations, or shall place obstructions in any street, alley, or other public place, the public shall be protected by barriers and lights placed, erected and maintained by the grantee; and in the event of injury to any person or damage to any property by reason of the construction, operation or maintenance of the gas distribution distri-bution system of the grantee, the grantee shall indemnify and keep harmless DUCHESNE, INCORPORATED, from any and all liability in connection therewith. Section 12. In the opinion of the Mayor and City Council of DUCHESNE, INCORPORATED, INCORPOR-ATED, it is necessary to the peace, health and safety of the inhabitants of DUCHESNE, INCORPORATED, that this ordinance become effective immediately upon first publi-cation. publi-cation. This ordinance shall be published in the DUCHESNE EAGLE for one publication on May 5, 1966, and shall be in full force and effect from and after said date. Passed by the Mayor and City Countil of City of DUCHESNE, DUCH-ESNE, INCORPORATED, UTAH, this 2nd day of May, 1966. C.C. Michelson, Mayor Ray Hbrrocks, Councilman Mont S. Poulson, Councilman Bruce V. Smith, Councilman Attest: LuranL. Allred, Recorder STATE OF UTAH ) County of Duchesne ) I, the undersigned, the duly qualified and acting Recorder, Re-corder, City of Duchesne, Incorporated, In-corporated, Duchesne County, Utah, do hereby certify that the foregoing, consisting of three (3) pages, is a full, true and, correct copy of an ordinance ordi-nance adopted by the City Council, City of Duchesne, Incorporated, at a meeting duly held on the 2nd day of May, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 2nd day of May, 1966. LURAN L. ALLRED Recorder . . r |