OCR Text |
Show line source. SECTION 9. This ordinance and the rights, authority and franchise hereby granted shall terminate and be of no further for:e or effect ef-fect (a unless within sixty (60) days after the effective date hereof here-of as .stated in Section 11 hereof, Grantee shall file with the City Recorder of said City a written acceptance hereof; also (b) if and when after such acceptance Grantee, Gran-tee, his heirs, personal representatives representa-tives or assigns, shall make and file with the City Recorder of said j City a surrender hereof in writing; and also (c) unless within thrci (3) years from the effective date of this Ordinance Grantee, his heirs, personal representatives or assigns, shall have secured from the Public Service Commission of Utah, a certificate of convenience and necessity authorizing the construction, con-struction, esta'blshment and operation oper-ation of a gas distribution system in said City, or shall submit proof satisfactory to the City that such establishment is reasonably certain. cer-tain. SECTION 10. Whenever the term "Grantee" is used herein, the include the said John H. Morgan Jr., his heirs, .personal reipresent-lin, reipresent-lin, his heirs, personal representatives represent-atives or assigns. SECTION 11. This Ordinance shall be in full force and effect from and after this 20th day of October, 1958. Passed Oct. 6, 1958. R. L. KIZER, Mayor, City of Milford, Utah. (SEAL) V. M. BURNS, Voting For: Five; Voting Against: None. City of Milford ORDINANCE NO. 91 An Ordinance granting to John H. Morgan Jr., his heirs, personal representatives and assigns, the right and authority to construct, install, maintain and operate a gas transmission and distribution system, sys-tem, including mains, pi;es, conduits, con-duits, services and other necessary structures and appliances thereto appertaining in, under, upon, over, across and along the streets, alleys, bridges, and public places within the present and future corporate limits of the City of Milford, Utah, for the furnishing, transmission, transmis-sion, distribution and sale of gas whether artificial, natural, mixed or otherwise for heating, domestic, industrial and other purposes, and for transmittnig gas into, through and beyond said City. BE IT ORDAINED EY THE MAYOR AND THE CITY COUNCIL COUN-CIL OF THE CITY OF MILFORD, MIL-FORD, UTAH:. SECTION 1. That the right and authority be and hereby are granted grant-ed to the said John H. Morgan Jr., 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, pipes, conduits, services and other necessary structures and appliances ap-pliances 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 Cit of Milford, Utah, for the furnishing, fur-nishing, transmission, distributior and sale of gas whether artificial natural, mixed or otherwise foi heating, domestic, industrial anc other purposes and for transmit ting gas into, through and beyonc said City. The franchise privi service pi.es, boxes, reducing and regulating stations, laterals, con- I ncctions, 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 pipes .shall be laid as near as practicable prac-ticable with the uniform grade of said streets, alleys and public ways at a suitable depth below the surface sur-face thereof and in such a manner as not to interfere with any .public or private drains, sewers, water pipes and public improvements and provided that the City of Milford, Mil-ford, Utah, reserves hte right to change the grade of the streets, alleys and public ways and to construct, con-struct, 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 other necessary public improvement made that would require the change of location of gas mains and service pipes, boxes, reducing and regulating stations, laterals, connections, andor other appliances, appli-ances, thn 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 a,s warranted by expansion and development of demand, but Grantee iihall not be required to make any extension for the pur-1 pur-1 pose of serving any new consumer ; or consumers which will necessi-' necessi-' itate the installation of more than ' one hundred (100) feet of main for ' 1 each consumer to he served, nor I where the estimated revenue to j he derived from serving such new (consumer or consumers is insuffi-' insuffi-' ! cient to show an adequate return I upon the total investment required I I to serve such new consumer or " I consumers. leges hereby granted sbr i". not toe deemed to be exclu'v , nor to prevent said City i'.oni granting ito another, or others, similar franchise fran-chise rights. I SECTION 2. All mains, pipes, conduits and services shall be in-: stalled and maintained so as to interfere as Little as practicable with traffic over the streets, alleys, (bridges and other public places of said City. When Grantee shall do any work of construction, repair or maintenance of said system in the course of which any pavement, curbing or gutter upon any street, alley, bridge of public place shall ibe excavated, Grantee shall properly prop-erly protect excavations and shall promptly restore sue' street, alley, al-ley, bridge or iJublio lace as far as 'practicable to as good condition as before such work was done. SECTION 3. All gas mains and SECTION 5. Grantee shall have the right to make such reasonable rules and regulations for the protection pro-tection of its property, the prevention preven-tion of loss and waste and in connection con-nection with the distribution and sale of gas as from tme-to-itime 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 be 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 igas appliances and disconnecting dis-connecting and removing meters. SECTION 6. Grantee agrees, during the term hereof, at all times to protect, save harmless and indemnify in-demnify said City from any and all liability or judgments legally established, arisng or growing out of the construction, maintenance and operation of said gas system iby the Grantee and due to or caused by the fault or negligence of Grantee. SECTION 7. The right and authority herein granted shall continue for the period of twenty )(20) years from and after the date this Ordinance goes into effect under un-der 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 Or-I Or-I dinance after a gas supply is avail-1 avail-1 able to said City from the pipe |