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Show THE BEAVER PRESS - MARCH 15, 1984 PAGE 8 PUBLIC NOTICES Public Notice Advertising Protects Your Right to Know ORDINANCE NO. 170 Franchise - Central Utah Gas Company sub-leasin- AN ORDINANCE GRANTING TO CENTRAL UTAH GAS COMPANY, A CORPORATION OF THE STATE OF UTAH, ITS SUCCESSORS OR ASSIGNS, A FRANCHISE FOR THE CONSTRUCTION AND OPERATION OF A GAS DISTRIBUTION SYSTEM FOR A MINIMUM TERM OF FIFTY YEARS, AND FLXING AND PRESCRIBING CONDITIONS AND TERMS THEREOF. Be it Ordained by the Board of County Commissioners of Beaver County, Utah: SECTION 1. That there is hereby granted to Central Utah the laws and Constitution of the United States. g SECTION 9. No or assignment of this franchise may be made by Grantee without first obtaining the written consent of Grantor. In the event such consent is granted, said successors or assigns, whether individuals or corporations shall become entitled to all the rights and privileges herein granted and shall assume all the obligations and duties herein provided. SECTION 10. Unless sooner terminated under SECTION 11, this franchise and all the rights herein granted shall be for an initial period of fifty (50) years, which may be terminated during that period only if Grantee should no longer be able to supply gas as described in SECTION 1 above. SECTION 11. This ordinance and the rights herein conferred shall be null and void, A. unless within ninety (90) days after the passage and posting hereof the said Grantee, its successors or assigns, shall file with the Clerk of Grantor a written instrument, declaring its acceptance of the terms and conditions hereof and its intention to be bound by and perform the same; or B. if within seven (7) years after Gas a Utah corporation, its successors or assigns, hereinafter called "Grantee", the right, privilege and franchise to Company, construct, maintain and operate in the present and future streets, alleys and parkways, and other public places within the boundaries of the unincorporated area of Beaver County, hereinafter called "Grantor", 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 Grantor, the inhabitants thereof, and persons and corporations within the boundaries 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 must be fixed under the supervision of the governing authorities of the Grantor, and accompanied by an excavation permit obtained by the Grantee. Grantee shall restore public y improvements including but not limited to, curb, gutter, sidewalk and asphalt to their original grade and condition prior to the original grade and condition prior to the installation of such Grantee improvements and shall pay for all costs of such restoration and replacement. regulations with regard to construction and safety standards of all regulatory agencies having jurisdiction over the construction and operation of such operation. SECTION 4. Grantee may make and enforce reasonable rules and regulations in the conduct of its business and before furnishing service may require the execution of a contract therefor by the prospective customer or customers. Grantee shall have the right to contract with each customer with reference to the installation of service pipelines and the control of service pipes from the connection thereof with the supply lines of the Grantee in the streets, to and including the meter located on the customer's premises. For the purpose of securing safety and good services to the customer and in the public interest, Grantee shall have the right to prescribe the sizes and kinds of the pipe to be used by the customer in conveying gas on customer's premises and shall have the right to refuse service to any customer who neglects or refuses to comply with the rules and regulations of the Grantee prescribing such conditions. Grantee shall have the right to classify the customers of said gas within the boundaries of Grantor, 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 customers 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 and acceded to the rights herein reserved to said Grantee. SECTION 5. The right is hereby granted unto the said Grantee to furnish, distribute, supply, sell and require payment for gas to all persons and corporations within the boundaries of Grantor through the said system of gas mains, supply pipes and laterals and to do all things necessary and incident thereto, in accordance with the terms and conditions herein specified. SECTION 6. The gas furnished by the Grantee shall be sold and delivered to the consumers through standard meters and Grantor reserves the right to test the accuracy of any meter in service by a competent office or agent duly by appointed for that purpose Grantor's governing body. SECTION 7. Adequate service personnel shall reside within the immediate area and be on call hours per day in order twenty-fou- r that workmen may be on site in case of emergencies within the earliest possible time in order that the health, safety and welfare of the community may be protected. SECTION 8. 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 fixed in accordance with the laws and Constitution of the State of Utah and Grantee accepts this franchise, either 1. the Utah Public Service Commission (i) does not grant to Grantee a certificate of convenience and necessity to deliver gas to the area in which Grantor is located, or (ii) such certificate is granted and is thereafter cancelled, withdrawn, expires, relinquished, or otherwise become null and void; or 2. construction of the gas distribution system to serve Grantor and its inhabitants pursuant to SECTION 1, above is not begun within seven (7) years after passage and posting hereof. SECTION 12. This franchise is granted in consideration of the acceptance by the Grantee of the terms and conditions of this ordinance as hereinbefore provided and the commencement of construction by the Grantee, within the time above provided, of the necessary facilities to accomplish gas service to the Grantor, thereby making the advantages of said service available to said Grantor and its inhabitants. SECTION 13. When the Grantee 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 negligence of the Grantee in construction, operation or maintenance of the gas distribution system of the Grantee, the Grantee shall indemnify and keep harmless Grantor from any and all liability in connection therewith. Upon request of Grantor, Grantee shall furnish to Grantor a policy of liability insurance, in such amount as Grantor may designate and with an insurance company satisfactory to Grantor, insuring Grantor against liability arising out of any of the activities of Grantee performed pursuant to this franchise. SECTION 14. As a further consideration for this franchise, Grantee agrees to pay to Grantor a franchise tax in a sum equal to six percentum (6 percent) of the gross revenue derived by Grantee from the sale and use of gas within the boundaries of Grantor. The term "gross revenue" as herein shall be construed to mean any revenue of Grantee derived from the sale and use of gas within the boundaries of Grantor after adjustment for the new write-of- f of uncollectible accounts and corrections of bills theretofore rendered. Within forty-fiv- e (45) days after the close of each quarter in each calendar year, Grantee shall file with the Grantor's Treasurer, a report of such gross revenue for such quarter. Such report shall contain a statement of gross revenue and any deductions made because of adjustments or corrections as herein provided, together with a computation of the tax to be paid. Coincidentally with the filing of such report, Grantee shall pay to such Treasurer the amount of the tax thus computed. Within thirty (30) days after the filing of such report, or within such reasonable additional time as such Treasurer may request, The Treasurer shall examine such report, determine the accuracy of the amounts reported, and, if the Treasurer finds any errors, report the same to Grantee for correction; if the tax as paid be found deficient, Grantee shall promptly remit the difference. The records of Grantee pertaining to such report shall be open for inspection by Grantor's governing body or its duly authorized representative at all reasonable hours for the purpose of verifying such report. This franchise tax shall be in lieu of any and all other franchise, occupation, privilege, license, ex ' cise, revenue, or other similar or dissimilar taxes, with the expressed exception Grantee shall be required to purchase a Beaver County business license in the event that Beaver County shall adopt a business license ordinance providing for such license, 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 pipes, equipment, fixtures, or other appurtenances of said Grantee, and all other property or equipment of said Grantee, or any part thereof, including but not limited to any tax levies, license fees or payments imposed or which may hereafter be imposed during the entire term of this franchise. SECTION 15. This ordinance shall become effective fifteen (15) days after its adoption. It shall be published as provided by law, and Grantee shall pay all costs of ' publication. 1st ADOPTED this day of March, 1984. sHoward J. Pryor Acting Chairman Board of County Commissioners, Of Beaver County, Utah ATTEST: Paul B. Barton Beaver County Clerk VOTING FOR: Howard J. Pryor Geo. Richard Jefferson VOTING AGAINST: None ABSENT: Chad W. Johnson, Chairman Published in the Beaver Press March 15,1984. Public notice Application are being accepted for position of Deputy Sheriff in the Beaver area. Applicants should live in Beaver or be willing to relocate to that area. Contact Beaver County Sheriffs Office in Beaver for application blank, which should be turned in at the office by 4:00 p.m. on Friday, March 30, 1984. sG. Cartwright, Sheriff Published in the Beaver Press March 15, 22, and 29, 1984. the First Ward Sacramant Beaver 1st Ward Sacrament meeting held Sunday, March 11, 1984 in the Ward Chapel and conducted by Bishop James B. Morgan. Music was directed by Janet Merservy, accompanied by Kathy Riley. Invocation Gary Hen-riAt the Sacrament table Shane Erickson and Jimmy Carter. Sacrament service aaronic priesthood. Speakers were Dennis Farnsworth and his wife Beulah Farnsworth who having recently returned from an LDS mission in Alabama and Louisiana. They both expressed the joy of serving a mission for the church. Ellis and Coleen sang a vocal duet "The Labour of Love" accompanied by Ireta Baker. Dennis Alldredge was approved as a Sunday school teacher. Russell Erickson was sustained as a teacher in the Aaronic ' Priesthood. Benedicition by Sherry Henrie. e. Happy St. Patricks Day right-of-wa- Open an IRA at First Interstate Bank. year millions of taxpayers throw their money away by not taking advantage of a tax break both encouraged and endorsed by Congress. If you're not opening or contributing to an IRA plan this year, you too could be throwing away up to $2,000 in tax deductions. 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