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Show change of location of gas mains and service pipes, boxes, reducing and regulating stations, laterals, connections, and or other appliances, appli-ances, the Grantee, upon request by said City in writing, shall make such change at 'its own expense SECTION 4. Grantee shall make such reasonable extensions of the mains of said system from time to time as warranted by expansion ex-pansion and development of demand, de-mand, but Grantee shall not 'be required re-quired to make any extension for the purpose of serving any new consumer or consumers which will necessitate the installation of more than one hundred (100) feet of main for each consumer to be served, nor where the estimated revenue to be derived from serving serv-ing such new consumer or consumers con-sumers is insufficient to show an adequate return upon the total 'investment 'in-vestment 'required to serve such new consumer or consumers SECTION 5. Grantee shall have the right to make such reasonable reas-onable rules and regulations for the protection of its property, the prevention of loss and waste and in connection with the distribution distribu-tion and sale of gas as from time to time it may deem necessary or expedient including a Ten Dollar '($10) meter deposit for domestic meters and a deposit for all other meters in such amount as may ibe required .to assure payment of bills. 'Grantee shall have the right to enter the premises of consumers at all reasonable times for the purpose pur-pose of reading .meters, inspecting pipes and gas appliances and disconnecting dis-connecting and removing meters, SECTION . Grantee agrees, during the term hereof, at all times to protect, save harmless and indemnify said City from any and all liability or judgments legally le-gally established, arising or growing grow-ing out of the construction, maintenance main-tenance and operation of said gas system by the Grantee and due to or caused toy the fault or negligence negli-gence of Grantee. SECTION 7. The right ana authority herein granted shall continue con-tinue for the period of twenty (20) years from and after the date this ordinance goes into effect under' Section 11 hereof. SECTION 8. Grantee shall have a reasonable time within which to lay gas mains and to otherwise comply with the terms of this ordinance or-dinance after a gas supply is available to said Oity from the pipe line source. SECTION 9. This ordinance and the rights, authority and franchise hereby granted shall terminate and be of no further force or effect (a) unless within sixty (60) days after the effective date hereof as stated in Section 11 hereof Grantee shall file with the City Recorder of said City a written writ-ten acceptance hereof; also (b) if and when after such acceptance Grantee, his heirs, personal representatives repre-sentatives or assigns, shall make and file with the City Recorder of said City a surrender hereof in writing; and also (c) 'unless within with-in three (3) years from the effective effec-tive date of this ordinance Grantee, Gran-tee, his heirs, personal representatives represent-atives or assigns, shall have secured se-cured from the Public Service Commission of Utah a certificate of convenience and necessity authorizing auth-orizing the construction, establishment establish-ment and operation of a gas distribution dis-tribution system in said City, or ha!l submit proof satisfactory to the City that fuch establishment is reasonably certain. SECTION 10. Whenever the term "Grantee" is used herein the same shall be held to mean and include the said Loran L. Laugh-lin, Laugh-lin, his heir.;, persona! representatives represent-atives or assigns. SECTION 11. This ordinance S'ha.ll be in full force and effect from and after Oct. 2nd, 1958. Passed Sept. 2nd, 1958. R. L. KIZER, Mavor of the City of Milford, Utah. (SEAL) ATTEST: VERNON M. BURNS, Oity Recorder. On Roll Call Vote duly taken, the vote of the Councilmen of the City of Milford. Utah on the above and foregoing Ordinance was as follows: Councilmen Voting "Yes": M. S. Bown i A. S. Whittaker J. H. Davis J. N. Weston. Councilmen Voting "No": None. ?" Councilmen Absent: W. S. Bolton. Pub. Sept 11, 1958. City of Milford ORDINANCE NO. 90 An ordinance granting to Loran L. Laughlin, his heirs, personal representatives and assigns, the right and 'authority to construct, install, maintain and operate a gas transmission and distribution system, including mains, pipes, 'Conduits, 'Con-duits, services and other necessary 'Structures and appliances thereto appertaining in, under, upon, over, across and along the streets, alleys, al-leys, bridges, and public places within the present and future corporate cor-porate limits of the City of Milford, Mil-ford, Utah, for the furnishing, transmission, distribution and sale of gas whether artificial, natural, mixed or otherwise for heating, domestic, do-mestic, industrial and other purposes, pur-poses, and for transmitting gas into, through and beyond said City. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL COUN-CIL OF THE CITY OF MILFORD, MIL-FORD, UTAH: . SECTION 1. That the right and authority fbe and hereby are granted grant-ed to the said Loran L. Laughlin, his heirs, 'personal representatives and- assigns (hereinafter collectively collect-ively referred to as "Grantee"), to construct, install, maintain and operate a gas transmission and distribution system including mains, ipipes, conduits, services and other necessary structures and appliances appertaining in, under, upon, over, across and along the streets, alleys, bridges, and public places within the present and future fu-ture corporation limits of the City of Milford, Utah, for the furnishing, furnish-ing, transmission, distribution and sale of gas whether artificial, natural, nat-ural, mixed or otherwise for heating, heat-ing, domestic, industrial and other purposes and for transmitting 'gas into, through and beyond said City. The franchise privileges hereby granted shall not .be deemed deem-ed to be exclusive, nor to prevent said City from granting to another, an-other, or others, similar franchise rights. SECTION 2. All mains, pipes, conduits and services shall be installed in-stalled and maintained so as to interfere as little as practicable with traffic over the streets, alleys, al-leys, bridges and other ipublic places of said City. When Grantee shall do any work of construction, repair or maintenance main-tenance of said system in the course of which any pavement, curbing or gutter upon any street, alley, bridge or public place shall be excavated, Grantee shall properly prop-erly protect excavations and shall promptly restore such street, alley, bridge or public place as far as practicable to as good condition as before- such work was done. SECTION 3. All gas mains and service pipes, boxes, reducing and regulating stations, laterals, connections, con-nections, and or other appliances shall be laid and installed in the streets, alleys and public places, subject to the inspection and- approval ap-proval and under the direction and supervision of the proper officer of said City. All mains and service serv-ice pipes shall be laid as near as practicable with the uniform grade of sa-:.ft streets, alleys and public ways at a suitable depth below the surface thereof and in such a manner man-ner as not to interfere with any public or private drains, sewers, water pipes and public improvements improve-ments and provided that the City of Milford, Utah, 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 of r r".iblic improvements; and should the grade of any street, alley al-ley or public way be changed, or other necessary public improvement improve-ment made that would require the |
