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Show ORDINANCE , AN ORDINANCE GRANTING TO PETROLANE-UTAH GAS SERV-ICE. SERV-ICE. A UTAH CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO INSTALL AND OPERATE A GAS DISTRIBUTION SYSTEM WITHIN THE COUNTY OF IRON, UTAH. The Commissioners of Iron County. Utah, do ordain as fol lows: SECTION ONE That Petrolane Utah Gas Service, Serv-ice, a Utah corporation, its uc-cessors uc-cessors and assigns, (hereinafter referred to collectively for convenience con-venience as "Grantee") is hereby granted the right power, authority author-ity and franchise, subject to the terms and conditions set forth in this Ordinance and applicable laws of the State of Utah and rules and regulations of the Public Pub-lic Service Commission of Utah, to construct, install, maintain, and operate a gas transmission and distributing system, includ ing mains, pipes, conduits and other necessary structures and equipment concomitant therewith, there-with, under, along, across, or upon up-on the streets, alleys, and other public ways and places within the present and future limits of the County of Iron, Utah, In order or-der that Grantee may dis.ribute, sell, and furnish natural or manufactured man-ufactured gas (or a mixture thereof) to the residents, citizens, and occupants of such county for purposes of heating, cooking, and such other domestic, industrial, and agricultural purposes as gas does or may serve. All lights, powers, and authority author-ity nereby granted shall not operate op-erate to preclude the County of iron tnereinarter referred to for convenience as "the County") from granting to another corporation corpor-ation or Individual similar franchise fran-chise rights, and are thereby nonexclusive. non-exclusive. SECTION TWO - - The rights; powers, and authority auth-ority hereby granted to Grantee, a Utch corporation, shall continue con-tinue in effect according to the terms and condition of this Ordinance Or-dinance for twenty (20) years of natural or manufactured gas, or a mixture of both, shall be available avail-able for distribution within the County in quantities making the operation of a gas utility economically eco-nomically feasible. SECTION THREE All pipes, mains, conduits, and related structures and equipment Installed by the Grante ."hall be laid and Installed In fc'f jtreets, alleys, public places, and other public ways of the County subject sub-ject to the Inspection and approval ap-proval of of, and in close cooperation coop-eration and coordination with, the County Engineer of the County. All mains and service pipes shall be laid as near as practicable practica-ble parallel to the uniform grade of the streets, alleys, and public ways at a suitable depth below the surface thereof and In such a manner as not to Interfere with any public or private sewers, water wa-ter pipes, drains, telephone conduits, con-duits, or other public or private Improvements or Installations above or below ground. The right Is reserved In the County to change the grade of its streets, alleys and public ways and to enlarge, alter, move, or relocate any of the public or private Improvements or Installations above described, and grantee shall be renulred to relocate Its mains, pipes, and related equipment In case of any such change of grade or relocation at Its own expense so long as reasonably rea-sonably necessary to promote the public good or the legitimate ends of the County and no reasonable reas-onable alternatives to such relocation relo-cation by Grantee are available. AH mains, pipes, conduits and related equipment and facilities shall be Installed and maintained maintain-ed In such a manner as to Inter- I fere as little as practicable with traffic over and along the streets, alleys and public ways of the County. During the course of any construction, con-struction, repairs, or maintenance operations of the Grantee in connection con-nection with the gas distribution distribut-ion system in the course of which any portion of any public street, alley, sidewalk, curbing, gutter or public way shall be excavated, ex-cavated, the Grantee shall take all reasonable precautions to crct proper barriers and warning warn-ing facilities to protect the public pub-lic ising such public streets and areas from harm. Following any such operations, the Grantee shall restore the pavement, curbing, curb-ing, gutter, or other surfacing of the public way to a condition at least equal to its condition before be-fore the work was commenced, and shall, take all proper steps to assure that such resurfacing or reconstruction rests upon a properly prop-erly filled and tamped founda tion. SECTION FOUR The Grantee agrees to Indemnify Indemni-fy and hold the County harmless harm-less from and against any and all claims, losses, expense, damages. dam-ages. Judgment and liability arising out of or in connection with the construction, maintenance, mainten-ance, or operation of the fran-chlsed fran-chlsed gas distribution system by the Grantee within the limits of the County during the term of this franchise, which losses, etc., are caused or contributed to through the negligent omissions or commissions of the Grantee or the Grantee's agents, servants, or employees. I SECTION FIVE Grantee shall apply to the Public Service Commission of Utah for a Certificate of Public Convenience and Necessity for the purpose of obtaining authority author-ity to exercise this franchise, and provide gas service of good quality qual-ity to each person, organization, or body who desires piped gas service within the limits of the County and who shall comply with the terms and conditions of the Certificate of Convenience and Necessity and the rules and regulations regu-lations of the Grantee presented to and approved by such Public Service Commission. Grantee shall make reasonable extensions of its gas mains from time to time as warranted by the expansion of development de-velopment and demand for service ser-vice within the County and shall grant new gas consumers added to its distribution system such free main and service line allowances allow-ances as shall be provided for In the Grantee's rules and regulations regula-tions approved by the Public Service Commission. Such rules and regulations shall set forth In detail the terms and con ditions of rates, payment, credit, safety regulations, and other proper matters governing the operation op-eration of a gas utility in order that all persons may be apprised appris-ed of such rules and regulations and treated equally. Reasonable rights of entry upon the premises prem-ises of consumers in connection with the installation and operation opera-tion of a gas service system, and the proper maintenance and ser-vice ser-vice of such customer, shall be provided for In such rules and regulations. SECTION SIX Grantee shall give written acceptance ac-ceptance of this franchise by filing fil-ing the same with the County j Clerk within thirty (30) days after af-ter the effective date of this Ordinance, Or-dinance, if Grantee fails to file such written acceptance within the time provided, or if Grantee shall fail to apply for a Certlfi-cafe Certlfi-cafe of Convenience and Necessity Neces-sity from the Public Service Commission Com-mission of Utah within a period of five (5) years after the effective ef-fective date of this Ordinance or, one (1) year after natural or. manufactured (or a combination of both) gas Is made available to the Grantee for distribution within with-in the County upon an economically econom-ically feasible basis, the rights, authority, and franchise hereby conferred upon Grantee shall expire, ex-pire, terminate, and be of no further fur-ther effect. Grantee shall have a reason-i-ble time after a commercial supply sup-ply of gas Is made available to Grantee and after Grantee obtains ob-tains a Certificate of Convenience Conven-ience and Necessity with which to commence installation of its gas mains and related distribution distribu-tion equipment. SECTION SEVEN The effective date oi this Ordinance Or-dinance shall be April 22. 1959. Passed by this body on April 22. 1959. Clarence E. Miller, Chairman Board of County Commissioners Iron County, Utah Attest: , W. CLAIR ROWLEY, . County Clerk 1 CERTIFICATE State of Utah, County of Iron, as. I, W. Clair Rowley, the duly elected, qualified and acting County Clerk of Iron County, Utah, do hereby certify tnat the fovegjlnn Instrument Is a full, true and correct copy of an OR-DTNKCE OR-DTNKCE granting to FETRO-LANE-UTAH OAS SERVICE. A UTAH CORPORATION. ITS SUC CESSORS AND ASSIGNS, A FRANCHISE TO INSTALL AND OPERATE A GAS DISTRIBUTION SYSTEM WITHIN THE COUNTY OF IRON, Utah. I do further certify cer-tify that said ordinance was passed pass-ed and adopted by the Board of County Commissioners of Iron County, Utah at a regular meeting meet-ing of said board held at Parowan, Paro-wan, Utah, on Monday, April 13, 1959. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of my said office this 22nd day of April, A. D. 1959. W. CLAIR ROWLEY, County Clerk, Iron County, Utah (May 7, 1959). 1 |