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Show i i LEGAL NOTICES ORDINANCE through the City of Blanding, and supplying gas to said City and the inhabitants thereof and in the territory adjacent there- to, provided, NO. 1959-- 5 shall grantee AN ORDINANCE GRANTING A FRANCHISE BY OF THE CITY BLANDING TO ERNEST C. POR- INDIVIDUAL OF DENTER, VER COLORADO, HIS SUCCESSORS AND TO ASSIGNS, LOCATE, BUILD, CONSTRUCT, ACQUIRE, AN MAINTAIN PURCHASE, EXTEND, AND OPERATE INTO, WITHIN AND THROUGH THE CITY OF BLANDING, SAN JUAN A COUNTY, UTAH, PLANT OR PLANTS, AND WORKS, FOR THE PURCHASE, SMISSION TRAN- DISTRIBUTION OF GAS, AND TO FURNISH, SELL AND DISTRIBUTE SAID GAS AND NATURAL however, that the so looate its plants, works, transmission and distribution structures, equip- ment, mains and pipes within said City as to cause minimum interference with the proper use of streets, alleys, and other public cause ways minimum and places and to interference with the rights or reasonable venience of property owners whose property adjoins any of said streets, alleys, or other publlo ways and plaoes. Should it become necessary for the grantee, in exercising his con- rights and performing his duties hereunder, to interfere with any THE INHABITANTS THEREOF, FOR sidewalk, graveled or paved COOKING OR OTHER HEATING, streets, roads or alleys, or any PURPOSES BY MEANS OF PIPES, other public or private improveOR MAINS, OTHERWISE, OVER, ment, the grantee shall repair ACROSS AND UNDER, in a workmanlike manner such ALONG, THROUGH ANY AND ALL STREETS, sidewalk, graveled or paved ALLEYS, VIADUCTS, BRIDGES, street, road, alley, or other LANES AND OTHER PUBROADS, Improvement after the installaLIC WAYS AND PUCES IN SAID tion of the . pipes ' or other CITY OF BLANDING, AND FIXING structures. The grantee h?.ll THE TERMS AND CONDITIONS use due care not to interfere THEREOF. with or damage any water mains, sewers, or other structures now BE IT ORDAINED BY THE CITY in or which rr.y hereafter be COUNCIL OF THE OF CITY id streets, alleys placed in SAN JUAN COUNTY, BLANDING, or other lie places. Grantee UTAH. shall - xi under and not out through any paved street except ARTICLE I in those Instances where rock underlies the street and makes Whenever the word City Is such drilling impossible. TO THE CITf 07 BLANDING AND . p-- 4- hereinafter employed it shall designate the City of Blandlng, San Juan County, Utah, the grantor, and whenever the name Ernest C. Porter is used it shall designate not only Ernest C. Porter, the grantee, but also his successors and assigns. ARTICLE II Seotion 1. There is hereby granted to the grantee the right, privilege and authority to locate, build, construct, acquire, purohase, extend, maintain and and operate into, within, a through said City plant or and the for purworks, plants chase, manufacture, transmission and distribution of natural gas, with the right and privilege for the period and upon the terms and conditions hereinafter speolfled to furnish, sell distribute said gas to the City, Section 3. The grantee shall so maintain its structures, apparatus, mains, pipe and other equipment as to afford all reasonable protection against injury or damage to persons or property therefrom, and the grantee shall save the City harmless from all liability or damage and all reasonable expenses necessarily aocrulng against the City arising out of the negligent exer-ei- se by the grantee of the rights and privileges hereby granted; provided, that the grantee shall have had notice of the pendenoy of any action a- -' gainst the City arising out of such exerelse by the grantee of said rights and privileges and be permitted at his own expense to appear and defend or assist in the defense of the same. and and the inhabitants thereof, for heating, cooking or other purposes, by means of pipes, mains, or otherwise, over, under, and through any along, across and all streets, alleys, via- Section 4. If at any time it shall be necessary to change the position of any gas main or service connection of the grantee to permit the City ot lay, make or change street grades, pavements, sewers, water mains or other City works, such changes shall be made by the grantee at ducts, bridges, roads, lanes, and other public ways and places in said City and over, under, his own expense. along, across and through any ARTICLE III extension, connection with or sane of the continuation andor Section 1. The natural gas to over, under, across and through new and such all any streets, be supplied hereunder shall conviaducts, bridges, tain a monthly average gross alleys, and other publlo heating value of not less than roads, lanes 900 B.T.U. per cubic foot when ways and plaoes as may be herelocated after laid out. opened, tested at 60F., saturated with or constructed within the terri- water vapor and under a pressure tory now or hereafter Included of 30 inches of mercury. in the boundaries of said City. Section 2. If during the term 2. The grantee is of this franchise there occurs a further granted the right, failure or partial failure of privilege and authority to ex- the supply of natural gas. availcavate in, occupy and use any able to grantee because of the and all streets, alleys, viadepletion of such supply, the lanes, ducts, bridges, roads, grantee shall take all reasonand other publlo ways able steps to obtain an addiparkways, and places under the supervision tional natural gas supply from of the properly constituted other sources to be delivered to authority for the purpose of the grantee, and if unable tobringing gas into, within andj procure same he is hereby authSeotion orized to supply artificial or 8 Page mixed gas for the unexpired term BLANDING OUTLOOK of this franchise. If grantee within a reasonable period after April 17, 1959 of the failure of the supply Policies connatural gas shall fail to supply and Extension in effect and as filed to its customers either arti currently Public Service Commithe ficial andor mixed gas the with herein ssion of the State of Utah or -- franchise rights granted other competent authority havi Jurisdiction in the premises. shall terminate. ARTICLE IV ARTICLE V Section 1. The grantee shall Section 1. As a further coAimlsh gas within the corporate nsideration for this franchise, limits of the City or any add- and aocepted by the City- in lieu ition thereto, to the City and to of all oooupanoy and lloense the inhabitants thereof, and to taxes other speoial and all any person or persons or coror exoises assessments poration doing business in the taxes, the pipes, mains, meters, City or any addition thereto, at upon or other property of the grantee, the rates and under the terms be and conditions set forth in the or other levies that might a as franchise Rate Schedules, Standards for Imposed, either license Tax, Service, Rules and Regulations, tax, occupancy tax,or for the inpermit, charge, and Service Comsotion and Extension PolieJ.s, filed with or spection of pipes, mains, meters, fixed by ihe Public Service or other property of the grantee Commission of the State of Utah, or otherwise, the grantee shall pay to the City a sum equal to or by any other competent authof its annual two cent ority having Jurisdiction in the gross perrevenue (2) derived from thf premises. sale of gas within the corporally of the City, excluding Seotlen 2. The grantee shall limitsrevenue reoelved from the not, as to rates, oharges, ser- the sale of Industrial gas, and exvice, facilities, rules, regu- cluding the amount received from lations or in any ether respeet, the City itself for gas service make er grant any preference er furnished it and after adjustadvantage to any corporation or ment for the of net write-o- ff person or subject any corpora- unoolleotible accounts and cortion or person to any prejudice rections of bills theretofore or disadvantage, provided thc rendered. Such payments shall nothing in this grant shall be be made oh or before the first taken to prohibit the establishment from tiro to time of & day of March of each year for the calendar year next previous. graduated soale of charges and For the purpose of ascertaining Classified rate schedules to or auditing the correct amount which any customer coming within an established classification to be paid under the provisions of this paragraph, the City would be entitled. - -- . - . andor committee appointed by the City Counoil of said City shall have aocess to the books of said grantee for Clerk Section 3. charged The rates to said grantee for by be in- any dustrial gas used in said City the purpose of checking the may be lower and different from those charged for gas used for gross Income received from operother purposes, provided that ations within said City. contracts for industrial gas ARTICLE VI clause which contain a "cut-of- f" the recognizes preferred right of the other uses over industri- al uses. Section 4. Grantee will from time to time during the term of this franchise make such enlargements and extensions of its distribution system as the business of the grantee and the growth of the City justify, in accordance with its Standards for Service, Riles and Regulations, and Service Connection and Extension Policies for gas service concurrently in effect and on file with The Public Service Commission of the State of Utah or other competent authority having Jurisdiction in the premises. Section 5. from such and time rules, The grantee shall to time promulgate regulations, terms conditions governing the conductof its business, including the utilization of This Ordinance Seotion 1. shall be ionediately posted or published as required by Section Utah 10-6-- 12, Code Annotated, go into effeot 30 1953 and shall days after its final passage, as by law required, upon acceptance thereof grantee day in on after writing by-- ., the or before the "tenth posting or publica-S tion, and the terms, oonditioniJJ and covenants main in full for a period of years sage, from and posting and acceptance Section 2. hereof shall reforce and effect twenty-fiv- e after and (25) such pas- publication, v thereof. Upon - the expira- tion of this franchise, if the grantee shall not have acquired an extension or renewal thereof and accepted same, it may have, and it is hereby granted, the right to enter upon the streets, alleys, bridges, viaducts, roads, lanes, and other public places of the City, for the purpose of removing therefrom any or all of gas and therefor, and the interparent ference with, or alteration of any of the grant ees property its plants, structures, pipes, mains, or equipment pertaining upon the premises of its customers, as shall be necessary to thereto, at any time after thd" City has had ample time andLs Insure a continuous and uninterto purchase, condemn rupted service to each and all opportunity or them. In so removing replace of its customers and the proper mains or other measurement thereof and payment said pipes, the property, grantee shall, at therefor, provided that the his own and in a workexpense, grantee shall keep on file in manlike manner, refill any exits office in Denver, Colorado, available to the public, copies cavations that shall be made by of its Rate Schedules, Standards him in the graveled or paved for Service, Rules and Regul- streets, alleys, bridges, via- ations, and Service Connection CONT'D PAGE 9, COL. 1 |
