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Show shall properly protect excavations and shall promptly restore such street, alley, bridge or public place in as good condition as before be-fore such work was done as far as practicable and to the satisfaction satis-faction of Miiford City. SECTION 3. All gas mains and service pipes, boxes, reducing and regulating stations, laterals, connections con-nections andor other appliances shall be laid and installed in the streets, alleys and public places, subject to the inspection and op-proval op-proval and under the direction and supervision of the proper of- ORD1NANCE NO. 99 An ordinance granting to NATURAL NAT-URAL GAS COMPANY OF SOUTHERN UTAH the right and authority to construct, install, maintain and operate a gas transmission trans-mission and distribution system within the present and future corporate limits of Miiford City, Utah, for the furnishing .transmission, .trans-mission, distribution and sale of gas whether artificial, natural, mixed or otherwise for heating, domestic, industrial and other purposes, and for transmitting gas into, through and beyond said Miiford City, Utah. BE IT ORDAINED BY THE CITY COUNCIL OF MILFORD CITY, BEAVER COUNTY, STATE OF UTAH: ficer of said Miiford City. AU mains and service pipes shall be laid as near as practicable with the uniform grade of said streets, alleys and public ways at a suitable suit-able depth below the surface thereof and in such a manner as not to interfere with any public pub-lic or private drains, sewers, water wat-er pipes and public improvements and provided that Miiford 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 pub-lic improvements; and should the grade of any street, alley or public pub-lic way be changed, or other necessary ne-cessary public improvement made that would require the change of location of gas mains and service pipes, boxes, reducing and regulating regu-lating stations, laterals, connections, connec-tions, andor other appliances, the Grantee, upon request by said Miiford City, in writing, shall make such change at its own expense. ex-pense. SECTION 4. Grantee shall make such reasonable extension of the mains of said system from time-to time as warranted by expansion and development of demand, but Grantee shall not De required to make any extension for the purpose pur-pose of serving any new consumer consum-er or consumers which will necessitate neces-sitate 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 required to serve SECTION 1. That the right and authority be and hereby is granted to the said NATURAL GAS COMPANY OF SOUTHERN UTAH (hereinafter referred to as "Grantee") to construct, install, maintain and operate a gas transmission trans-mission and distribution system including mains, pipes, conduits, services and other necessary structures and appliances appertaining apper-taining in, under, upon, over, across and along the streets, alleys, al-leys, bridges and public places within the present and future corporate limits of Miiford City, for the furnishing, transmission, distribution and sale of gas whether wheth-er artificial, natural, mixed or otherwise for heating, domestic, industrial and other purposes and for transmitting gas into, through and beyond said Miiford City. The franchise privileges hereby " ''V granted shall not be deemed to tbe exclusive nor to prevent said yity from granting to another, or tothers, similar franchise rights, t SECTION 2. All mains, pipes, ronduits and services shall be in-vtalled in-vtalled and maintained so as to in-Vrfere in-Vrfere as little as practicable ith traffic over the streets, al-jfys, al-jfys, bridges and other public places of said Miiford City. T When Grantee shall do any ! work of construction, repair or maintenance of said system in Jf the course of which any pave-f pave-f ment, curbing or gutter upon any V street, alley, bridge or public Y place shall be excavated, Grantee 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 effec-tive date hereof as stated in Section Sec-tion 11 hereof, Grantee shall file with the Recorder of said Miiford City a written acceptance hereof, also (b) if and when after such acceptance Grantee shall make and file with the City Recorder of said Miiford City a surrender hereof in writing; and also (c) .t-,'u; a i o the same shall be held to mean and include the said NATURAL GAS COMPANY OF SOUTHERN UTAH. SECTION 11. This ordinance shall be in full force and effect from and after June 1, 1960. Passed this 1st day of February, Febru-ary, 1950. R. L. KIZER, Mayor ATTEST: V. M. BURNS, Recorder. Voting For: 5. Voting Against: 0. Pub. Feb. 4, 1960. umci3 wiuimi tiuee oj years from the effective date of the ordinance Grantee shall have secured se-cured from the Public Service Commission of Utah, a certificate cf public convenience and necessity neces-sity authorizing the construction, establishment and operation of a gas distribution system in said Miiford City or shall submit proof satisfactory to Miiford City that such establishment is reasonably reas-onably certain. SECTION 10. Whenever tihe ' term "Grantee" is used herein, 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 distri-bution and sale of gas as from time-to-time it may be necessary or expedient including a meter deposit for all meters in such amount ias may be required to assure payment of bills. Grantee shall acquire from the owner or user the right to enter the premises of consumers at all reasonable times for the purpose of reading meters, inspecting pipes and gas 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 said Miiford City from any and all liability, or judgments legally established, arising or growing out of the construction, con-struction, maintenance and operation opera-tion of said gas system by the Grantee and due to, contributed to, caused by the fault or negligence negli-gence 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 ef-fect under Section 11 hereof. SECTION 8. Grantee shall have a reasonable time within which to lay gas mains and to otherwise other-wise comply with the terms of this ordinance after a gas supply is available to said Miiford City from the pipeline source. SECTION 9. This ordinance |