Show AN ORDINANCE for the construction and maintenance ol 01 f beet main and services for utilizing and 0 4 distributing natural gas la in ogden city utah territory section ibe I be it ordained by ibe the city coun til tit of ogden CIty Utah thattie raid paid ogden city a municipal corporation h reby gimesi ana nd grants to the ohio and utah natural gaa gas and sod oil company a corporation organized and existing under rider the law 1 awe of utah territory and ite its assigns se hereinafter specified fied and provided for the term of twenty five year years from and aptt ibe the r masgo of this ordinance the right and privilege 1 ege of constructing maintaining and operating pipe lines for distributing and utilizing natural gas for heating I 1 nel and light in og deu CIty provided that the rates to be be charged consumer consumers tor for such sull natural gas shall not ex aeed the turn sum of thirty five 35 cents per one thousand thou and fand cubic feet ag as measured by itai eta dard gas meters sod tor for the of furthering and ind assisting r said ohio and rod utah natural gaa gas and 0 oil company aad its 10 buce boors and assigns in in supplying said gas the fa so d ohio and utah natural ga gas and all alt all company aud and its successors and at assigns are hereby grau grafted led and riven given the right and privilege to use any and all streets avenues and alleys of caden city in which to lay and maintain mains maim and service pipe pipes for conveying and distributing said natural git gap as aforesaid throughout the said city provided rd that all streets avenue avenues and alleys be repaired and as boid condition as they wire before such excavations made provided ded that in the construction and main ca and operation of aid said mains a and nd service pipes the said grantee and ite its successors fors and n d allgus ia gus shall sh s 11 at all limes times conform to sucu ordinal 0 rd ajai 1 eta rules and regulations as mav hereafter bo be adopted by the city council ol 01 mid city in relation thereto and provided further that the grantee herein its it or resigns at Eign shall in good faith commence the e work 0 rk of boring tor for natural cai gal within six dixy 7 AT TS after the tha pat saire of this ardi ance n nee and continue contin Le to prosecute proe cute the said vork work with due diligence thereafter until natural gas in ill bayluk quantities ball shall bo be discovered or until ju rth work bo be abandoned sec see T 3 that ogden ity o hall holl in no ay be leab liable or tor for any accident or damage 8 ge th that t may A occur r in the construction or operation ratio n of 6 aa said k mains 1 and bervice reason all ot of the default oriole or 1 raid grantee its successor tor or assigns or its or their employees and the acceptance of this grant shall be de emedan an the part of grantee for itself and its bucce storsand assigns to save the city harmless from and against all liability loss costs costa expenses and ot any nature arising butof out of any such default or mis misconduct conductor or which may imay accrue by reason of auy any accident or injury which may occur in or by reason of the construction or operation of eaid said mains and service pipes and to indent n anity I 1 fy and tind repay y said city for any lost costs expense or damage age of any kind it may sustain b by is reason of a any n such default bals in conduct accident accad y nt or injury and bud if I 1 an any judgment judg meat for damages for any oil such e h dufault default misconduct accident 0 or r injury tiry iball be recovered against said city the ary t thereof h e and the judgment ball tv be 1 as between said fald city and sa said sad d grantee a and d its successor successors and assigns and shall LK c conclusive 0 nelu sive as to the amount of damages and liabilities of the ibe latter to the former provided said grantee has had noice of the of the suit in which said judgment 3 recovered and bad had been given an opportunity to defend the same and provided further hat that lo 10 provide for the payment of 9 any such judgment which may be recovered against age ogden city the grantee herein its i to u and assigns shall briore before commencing lue n cing to lay its or their mains or service PP pipes 1 in any of the fi reels of city file or 1 lobe to be filed led with A ith the cit city recorder of ogden city i a good and sufficient t by bond 0 nd in the um of 2 5 U W to be approved appi app oved loved by the mayor conditioned t thai abe grantee herein its successors and as sigre shall and will rave are ogden 0 den city from and against against all liability lia liast AT los lose col co tv l expense expenses and damages of any nature arising out of any default misconduct or orbee neg the grantee herein its successors and or its or their employees or which may accrue by reson reason of any accident or injury which may occur in or ty by reason ol 01 the construction st truc tion laying or operation orr ore atlon ration of eaid said mains or service ervice piper pipes or in digging trenches tren chee tor for the same the sureties uret les upon said sald bond shall be the bonafide residents rel dents of and freeholders freehold ere in the berri tory loryst of utah and hall shall coll clevely be worth the thes sum of 25 00 ori over r and above their just debts and liabilities and exclusive of property arty exempt from roin execution under the law of utah fall territory and shall tale take and subscribe to an oath to that effect in case of abe insolvency of the sureties on eaid said bond or any of them or the removal wal of any of them from utah terri territory tiry jorfor any other reason deemed sufficient by the city council of ogden city the bald said city council mayet may at any anytime time require a new bond with additional sureties tec fech tali grant ahall he null and void it f bald said ohio and utah natural gas oas and oil company or its successor successors or assigns shall fall within one year fr from m date hereof to lay mains and pipe pipes gaselle to washington avenue in said ogden city or shall fail within tuo two years from date hereof to lay in ogden city at featt let two talles ml les of main pipe not le less than six inches in diameter ameter d provided however that any delay caused or lime time wo cn umed by injunction or any order of court I 1 or any tiny unavoidable accident or de laythe malicious m a interference shall neither be counted nor work a forfeiture herein hut but the terms injunction end and order orde of court shall not be to include writ writs of 0 attachment or executions sec 4 said ohio aud utah natural gas gm anil and oil company its successors and as a lens ions shall use only the bet and moat approved system a and d of pipe for their mains and nd service ervice pipes such ing mainland maine cipe I 1 na and pipe pipes to be to inspected and subject the city ell nee and eh shall all at 1 iti r their exp eap nee nse tr P 1 I i lay ay or cause to be laid all service pipes from and d connecting with the mains to the cu rb ef the sidewalk elk sec see 5 the said ohio a and nd utah natural ga and oil company com rany the grantee herein in ill cono consideration idera of the granting of hs franchise aud and the passage and approval of this ordinance dot a her e b asaree to abid with said city of ogden atte r ft shall have lain and pip erand e elected its system for the supplying ot gasto t the ph consumers thereof to to th tit raid said ogden den city light a and od fuel I 1 in sufficient quanta lits tle to properly 11 s bt and heat beat nil 11 belonging to or possessed or used by eaid city and to properly light the streets of said city at a rate or rates not to exceed the sum of twenty alve 25 cent cente per thousand loto IW cubic feet as measured bv standard gae gas rat and this section ilon shallie ball be bin bill ing 1 upon the su successors censore ces sore and afta R f ohio and utah natural gas and oil company sec see c iffet it at any time the eald said company shall fall n gl ct or refus ref etor s period of sixty da to to ai comply amply wi theny thany provision of this franchie to be by it compiled ellb jill or of shall tail fail neglect or refute for sixty dan days to comply with an auy which may hereafter be law in regulation imposed byrbe by the city council this franchise and all the rights under it shall at the opton of the said city council be forfeited end nd the city shall at once upon such sub forfeiture have the tile right to require all pipe pipes and other properly proper I 1 y of said company to be removed from its bt sec 7 this franchise herein granted shall not be operative unless said company shall within ten days from ite it pas falte and approval flie ilia with the city recorder reco r der lie its acceptance accePt an ce of the terms thereof sec 8 this title ordinance shall take effect from and after its passage and approval passed october esth 18 approved october h ihor W WM it if N mayor T p BRYAN city recorder I 1 T P bryan n r an recorder ot of ogden city do hereby b e r e b y e certify e rt iff the foregoing to tobe be a lull full true and correct copy ot of an ordinance entitled an ordinance tor for the construction and mabute nance notice of street mains and service services for utilizing and distributing natural gae gas in ogden cit city y utah territory ped passed by the city council ol 01 1 aden city on the tile esth day ot of october A D 18 and duly approved by b the mayor on the 19 t abday day ol 01 october A D 18 2 in te timohty whereof I 1 hereunto set et my hand band and affix the corporate seal at of ogden city this ath day of Oct october obero A D signed ji me leac L I 1 city ty Bt corder cor do I 1 I 1 I 1 t I 1 I 1 |