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Show PUBLIC NOTICES I J"BECAUSE THE PE0PLE MUST KNO ORDINANCE NO. 1-75 Granting' to Utah Gas Service Company, a Utah orporation, its successors or assigns, a franchise r the construction and operation of a gas distention diste-ntion system in the City of Moab, State of Utah, r ,r 3 e.rm 01 thirty-three years, and fixing and rescribing conditions and terms thereof. -The Mayor and the City Council of the City of aoab, Utah, ordain as follows: I SECTION 1. That there is hereby granted to UTAH GAS SERVICE COMPANY, its successors and assigns, hereinafter called, "the grantee", the right, privilege, and franchise, for the period of thirty-three (33) years from and after the passage of this Ordinance, to lay, construct, install, operate oper-ate and maintain a gas transmission and distribution system including mains, service pipes and lines, curb boxes and other necessary attachments and appliances in, under, upon, over, across and along the' present and future roads, highways, streets, alleys, bridges and other public places within the present and future corporate limits of the City of Moab, Utah, for the purpose of conveying, distributing, distribut-ing, supplying and selling gas to said city, the inhabitants in-habitants thereof and property owners and users therein, and also for the purpose of transmitting gas- into, through and beyond said City, to persons and corporations beyond the boundaries thereof for all useful purposes. The right, privilege and franchise fran-chise granted herein shall nevertheless expire and be of no further force and effect upon the revocation or termination of the certificate of public convenience and necessity issued to grantee by the Public Service Ser-vice Commission of Utah authorizing grantee to provide pro-vide gas service to the City of Moab; however, transfer trans-fer of said certificate by grantee to a successor or assignment thereof by grantee shall not be constructed construct-ed as a revocation or termination of said certificate. certifi-cate. This franchise is granted in consideration of the mutual covenants herein contained and the acceptance ac-ceptance by the grantee of the terms and conditions of this Ordinance as herein provided. SECTION 2. That all mains, service pipes and lines shall be so laid as to interfere as little as possible with traffic. Grantee, its successors and assigns, shall lay and construct all gas mains and pipes under this grant with dispatch in accordance with established practices with respect to gas line construction, and so as not to unnecessarily interfere inter-fere with water pipes or other pipes which may have been previously laid in said roads , highways , streets , alleys, lanes and other public places, having regard to the safety and convenience of said city and its citizens. Grantee shall comply with such construction, construc-tion, materials and maintenance standards of its mains, pipes, boxes, stations, connections, meters and other appliances that are now in effector hereafter here-after from time to time established by applicable state and federal regulatory agencies. The location loca-tion of mains, service pipes and lines may be fixed under the supervision of the proper officer of said city. "SECTION 3. That all roads, highways, streets, alleys, lanes and public places that may be opened by the grantee for the aforesaid purposes shall be filled in and put in as good repair as they were prior to the opening thereof and so as topresent the least possible obstruction and inconvenience to the travelling travel-ling public. Said city reserves the right to change the grade of the streets, alleys and public ways and to construct, change or repair any water mains, sewer pipes, drains or other public improvements; and should the grade of any street, alley or public way.be changed, or othernecessarypublicimprove-m'eiSt othernecessarypublicimprove-m'eiSt be made that would require the change of location of gas mains and service pipes, boxes, re-iucing re-iucing and regulating stations, laterals, connections, indor other appliances, the grantee, upon request )y said city in writing, shall make such change at ts own expense. SECTION 4. Grantee shall make such reasonable jxtensions of the mains of said system from time to ime as are warranted by expansion and development if demand, but grantee shall not be required to make n extension for the purpose of serving any new onsumer or consumers which will necessitate the istallation of more than one hundred (100) feet of lain for each consumer to be served, nor where le estimated revenue to be derived from serving j uch new consumer or consumers is insufficient to j how an adequate return upon the total investment j equired to serve such new consumer or consumers. i SECTION 5. Grantee shall have the right to i lake such reasonable rules and regulations for the ' rotection of its property, the prevention of loss nd waste and in connection with the distribution and ale of gas as from time to time it may deem ' ecessary or expedient including a reasonable meter jposit for domestic meters and a deposit for all ',t ther meters in such amount as may be required to 5sure payment of bills. Grantee shall have the right enter the premises of consumers atall reasonable mes for the purpose of reading meters, inspecting pes and gas applicances and disconnecting and re- oving meters. j SECTION 6. Said city shall in no way be liable responsible for any accident or damage that may '. xur in the construction, operation or maintenance the grantee of its pipe lines and appurtenances ; ireunder, and the acceptance of this franchise shall ; deemed an agreement on the part of said grantee, s successors and assigns, to indemnify said city and ! )ld it harmless against any and all liability, by rea-j rea-j n of any neglect, default, or misconduct of the antee in the construction, operation or mainten-ice mainten-ice of said pipe lines and appurtenances. SECTION 7. Subject to state and federal regulat-y regulat-y approval, permission is hereby granted unto id Utah Gas Service Company, its successors or signs, to assign this franchise and all rights here-ider here-ider and upon assignment of this franchise in ac-; ac-; cordance herewith, said successors or assigns, ( whether individuals or corporations, shall become j.. ntitled to all the rights and privileges herein grant-r grant-r ' and shall assume all the obligations and duties 'j rein provided. I , SECTION 8. Grantee shall collect from users HI ' pay to said city as compensation for the use of M ' ' property as herein provided and for all other : I 1 Us and privileges herein granted, a sum equal to , ' and one half per cent (1-12) of Grantee's I ' ss revenues from the sale of gas or heat or :r purposes within the corporate limits of said - during the first ten years of the rights herein '" nted, excluding from said gross revenues the jurit received from said city for gas service fur-hfcd fur-hfcd to it and excluding the revenue received ( m the sale of gas to other local, state or federal i I governmental agencies and after adjustment for the net write-off of uncollectable accounts and corrections correc-tions of bills theretofore rendered; provided that for the remaining period of this ordinance Grantee shall collect from users and pay to said city a sum equal to two and one-half per cent (2-12) of its gross revenue from the sale of gas derived as above provided. Payments shall be made quarterly, quar-terly, within thirty (30) days after the close of each quarter in each calendar year. For the purpose of ascertaining or auditing the correct amount to be paid under the provisions of this section, the City Auditor andor any committee appointed by the City Council of Moab City shall have access to the books of Grantee for the purposes of checking the gross revenue received from the operations of Grantee within the corporate limits of the City of Moab. SECTION 9. Said grantee shall, within ninety (90) days after the passage of this Ordinance, accept in writing, duly filed with the City Recorder of said city, this franchise and the grants and privileges herein given, together with the conditions binding upon said grantee. SECTION 10. This Ordinance shall be published in The Times -Independent, a newspaper of general circulation within said city, for one publication on January 23, 1975, and be in full force and effect upon the expiration of twenty (20) days following the date of publication. ' Passed January 21, 1975, Voting Aye: Wm. D. McDougald, Mayor I.D. Nightingale, Councilman Richard Hamer Councilman Keith Peterson, Councilman Harold Jacobs, Councilman Jerry Bonser Councilman sWilliam D. McDougald Mayor of the City of Moab, Utah ATTEST: R.W. Unger Moab City Recorder NOTICE OF INTENTION TO ESTABLISH AN IMPROVEMENT IM-PROVEMENT DISTRICT INCLUDING AREA HEREIN HERE-IN DESCRIBED AND TO BE KNOWN AS ELGIN WATER AND SEWER IMPROVEMENT DISTRICT The Board of County Commissioners of Grand County, Utah, having met in regular session at the regular meeting place of the Board in the Grand County Courthouse, Moab, Utah, January 13, 1975, and having determined and declared that the public health, convenience and necessity requires establishment esta-blishment of an improvement district within Grand County, Utah, notice is hereby given of the intention of the Board of County Commissioners of Grand County, Utah, to establish an improvement district under the provisions of Chapter 6, Title 17, Utah Code Annotated 1953 as amended, to include the area hereinafter defined and described. SECTION 1. The area to be included within the proposed improvement district is in what is known as Elgin and all within Grand County, State of Utah, the boundaries of the proposed improvement district dis-trict are as follows: Beginning at a point 263.3 ft. North and 599.5 feet West of the Northeast corner of Section 16, T21S, R16E, SLB&M, and running S. 5 degrees 30' E. 264.5 feet, thence S 20 degrees 30' E . 642.2 feet, thence S. 48 degrees, 30' E. 462.0 feet, thence S. 31 degrees 00' E. 250.8 feet, thence S. 49 degrees de-grees 00' E. 134.0 feet, thence N. 2 degrees 01' E. 1131.0 feet, thence S. 82 degrees 29' E. 395.0 feet, thence S. 71 degrees 21' E. 400.0 feet, thence N. 10.0 feet, thence S. 84 degrees 20' E. 268.5 feet, thence Southeasterly to a point 660.0 feet South of the Nl4 Corner of Section 15, T21S, R16E, SLB&M, thence South 660.0 feet, thence East 1320.0 feet, thence South 660.0 feet, thence East 660.0 feet, thence South 660.0 feet, thence East 660.0 feet, thence North to Northeast Corner of Section 15, T21S, R16E, SLB&M., thence West along North line of said Section 15, 4020.0 feet to the South boundary of State Road right of way, thence Northwesterly along said right of way to point of beginning. Less State road and County rights of way. SECTION 2. The proposed name of the new improvement im-provement district is ELGIN WATER AND SEWER IMPROVEMENT DISTRICT. SECTION 3. That all of the area to be included within the proposed improvement district is entirely within Grand County, Utah, and no part of such area is included within the boundaries of a municipal corporation nor within the boundaries of another improvement im-provement district created under the provisions of Chapter 6, Title 17, Utah Code Annotated 1953 as amended. SECTION 4. That the purposes for which the proposed district is created are to immediately construct con-struct systems for collections, transportation and treatment of sewage and eventually acquire, construct con-struct systems for the collection, treatment and distribution of water and to provide the operation of all or any part of such systems, and to provide services ser-vices thereof for the inhabitants of such improvement improve-ment district. SECTION 5. The estimated initial cost of engineering, engi-neering, construction, legal and other fees should not exceed One Million ($1,000,000.00) Dollars, but this shall not be the limitation and may hereafter be increased as circumstances and necessity requires. The costs are to be covered by a federal grant for approximately 75 of the cost and a bond issue for the balance. SECTION 6. That on February 18th, 1975, at the hour of 7:00 P.M., the Board of County Commissioners Commis-sioners shall meet at the United Campgrounds Office in Elgin, Utah, and will then and there hold a public hearing at which time and place all parties interested may appear before said board to be heard either in support of or opposition to the creation of the proposed pro-posed improvement district and of the area proposed to be included therein. Any taxpayer within the area proposed to be included within said improvement district may, on or before said date, protest in writing against creation of the proposed improvement improve-ment district and against inclusion of the proposed area or any part thereof within such proposed district, dis-trict, which protest shall be signed by the taxpayer or taxpayers thereof and shall be filed with the County Clerk of Grand County in Moab, Utah. SECTION 7. This Notice is given in accordance with Section 17-6-3, Utah Code Annotated 1953, as amended. Dated this 13th day of January, A.D., 1975. s D.L. Taylor Chairman - Boardof County Commissioners Grand County, Utah ATT F.ST: Barbara Domenick County Clerk Grand County, Utah Published in The Times-Independent January 23, 30, February 6, 13, 1975. |