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HomeMy WebLinkAboutOrdinance 16- 470, Grants Lysle Right to Erect and Operate a Gas Plant 1 ,r; .1 I I , I ~ ~ . <:'> ~~ C~ C;) ,,~ ('~ {:~ · ~:,"".... i "t:c~. r ,..... C:,;, t:=---a ~ ~;.;.i (". .,,) ~~ {;':I ~ EA ~ o R, ,D.: I Ii A N C E . N' 0 4 7 0 . AN .ORDINANCE GRANTING TO R. W. LYSLE, HIS SUCCESSOHS OR ASSIGHS, THE RIGHT TO ERECT EQUIP . OPERATE ANDlilAIllTAIN A ,GAl PLANT ]\OR' THE PURPOSE OJ!"' MAKING, 'PRODUOUG. DISTRIBUTHiG ANDSEL~~NG III THE CITY OF BOZEMAN, InCLUDING EACH AliI) EVERY ADDI~IONTHE.REOF, I1J THE COUNTY OF GALLATIU, S~ATE OF MonTANA, AND .TO LAI, EXTEND, MAINTAIN, OPERATE. REPAIR AND REMOVE MAINS AND PIPES IN, THROUGH, ABD UlmER THE STREETS, A V.ENUES , ALLEYS AND PUBLIC GROUNbS OF T~ BAIDetTY FOR THE TRANSPORTATION AND SUPPLY OF MANU]lACTURED OR NATURAt' GAS 1!'OO FuEL ,.' ILLUMINATING, HEATnm, COOKING AND POWER PURPOSES FOR THE SAID OITY END ITS INHABITANTS. t BE IT ORDAINED BY THE CITY COUNCIL OF TEE CITY OF BOZEMAN, IN THE eOUUTY OF GALLATIN, U THE S TA TE OF. MONTANA, IN DUE AND LEGAL . SESSION ASSRv~tEDI Seotion 1. That there be and .er~by is granted to R. W. Lysle, his assigps, the right, franchise, authority and privilege, to :~quip,. ope,rate and maintain a gas plant for the purpose of making , producing, distributing and selling'natural gas and manufaotured gas and - , its by-prOducts in the said ,city, including each and every addition there- to, and to' enter upon the streets, avenues, alleys and public grounds of the said oity, including each and every addition thereto, with the res- trictions hereinafter provided for, to dig trenches, and lay and bury therein, and to maintain operate', repair and remove mains and pipes of such sizes as the said R. W. Lysle,' his sucoessors or assigns may require for the trv,nsportation and supply o:f,manufaotured or natural gas to the said city, .- including eaoh and eve~y add! tioJi ,thereto, and inhabi tnts thereof for fuel, illumin8;ting,heating, cooking and power purposes, together wt"th the right . . toinstall, construct, maintain, repair, and remove all neoessary t-egula- .11 tors, valves, curb-boxes, and other appurtenances requl~ed in the operation of a ga.s plant and distributing s~stem'. Provided further that wherever practicable said mains and service pipes shall be laid in the alleys'of the said city, it being the intention of ttesa.id R. W. 'Lysle, his successors or assigns, for the sake of uni- formi ty in the distributing system to keep to the alleys in said ci ty.' - \ lTovlded further that saidR. W. Li'sle, his succeSBOrS"Or assigns, shall file in the OityClerk's offioe of said city a plat showing the dis- " tributing system of said gas plant ss to location of mains, tapa, SErvice pipes, manholes. regulators, v!J,.lves and ourb-boxes. Provided further th$t when extensions are made in sp:id distributing system by saId R. W. Lysle, his sucoessors or assigns, plats ,shall also be filed in the City Clerk's office of sai~Y" efty showing the locat1on 'of such extensions. ~;r ~ ^' "..470. Section II. Seid R.W. Lysle, his eucce~eors or assigns, by accep- I tanoe of this ordinanoe agree to build and have completed, within eighteen (18) months from the date of the aoceptanoe of this franohise, a gas ,plant suf- fioient for the manl1faoture of fifty thousand (60,000) cubic feet of gas every twenty-four (24) how:'s, and agrees to lay within said time at least three ( 3) miles of pipe for the distribution of its products; ,said manu- faoturing plant and distriliuting system to be of standard oonstruotion and done in a workmanlike manner. ____ ______ ., ",.__.,47Q._--, _ "~.",,,,.~,,,,,. "..~ . I I Second. When the quantity ofm~ufaotured gas delivered from said gas plant to said city of Bozeman and its inhabitants, shall have reached a total of thirty million (30,000,000) oubic feet ~er year, the gross price shall be reduoed to one and 60/100 (.1.60) dollars per one thousand (1,000) cubic feet With the aforesaid discount of ten (10;) cents per thousand (1,000) cubio feet for oash payment. Third: When the quantity of manufaotured gas delivered from said gas plant to said oityof Bozeman and its inhabitants, shall have reached a total of forty million- (40,000,000) cubio feet pe:r year, the gross price shall be reduced to one 'and 50/100 ($1.50) dollars per one thousand (1,000) oubic feet with the aforesaid di.scount of. ten (10s'-) oents per one thousand (1,000) cubic feet, for cash payment. Fourth: When the quantity of manufaotured gas delivered from saia gas plant to the aaia city of Bozeman, and its inhabitants, shall have reaohed a total of fifty million (60,000,000) cubic feet per year the gross price shall be reduced to one and 40/100 ($1.40) dollars.per one thousand (1,000) cubic ,feet with the aforesaid disoount of ten (lOs'-) per one thousand (1,000) oubic feet for oash payments. For the purpose o~ establishing the time when the rates named above shall ta.ke effeot ,_' R. W. Lysle, hiB succeSBors or assigns, agree to install, and maintain a reliable gas meter of standard make and type upon the premises of each and every consumer in the line of supply pipe leading from the main pipe adjoining said pre*iaes; whioh gas meter shall be so arranged and made to show a cont1n~o.B reoord of t~e quantity of gas passed. The total 'combined reoords of all suoh gas meters on the first day of January in each year after two years from date 'of putting said gas works into operation showing the total quantity of gas Bold during the preceding twelve (12) months shall be taken as oonolusive evidence of the rate and I I I '\ quantity of gas so sold from said gas. works by the said R. W. LJrsle, his suocessors or assigns, and shall form the basis of the rate to be oharged by said R.W. ,Lys16, his suocessors or assigns, for the time succeeding the aforesa.id day upon whioh the said reoord was taken and until another suoh / reoord shall have been taken. . Said oonsumers' gas meters togetker with the reoord book of the oompany showing the monthly sendout of gas, shall be ,open to the inspection of said 01 ty C'ounoil, or its duly authorized agents, at any and all reason- able times. Should the City Council, at a~ time, have reason to believe that said oonsumers' gas meters are irr.gular in their operations, then in that case, said City Counoil will have the right to make any fair and proper test'of'Said consumers' gas meters. 470. In the event of the introduction of natural gas the said R. VI: Lysle, his I suocessors or assigns, shall be entitled to oharge for natural gas furnished to the city and private oonsumers, the price of six.ty (60~) cents' per one thous- and (1,000) cubic feet with a disco~t of five (5~) or more per onethousand (1,000) cubic feet to al1' oonsumers who shall P!,,"y their bills on or before the tenth day of the month follovling that in which the gas was consumed or bill rendered; provided,however, that said R. W. Lysle, his successors or assigns, shall be permitted to' make and oollect a minimum oharge of fifty " (50~) per month of each and every consumer whose meter does not show a con- . sUlIlption of gas equal tb 'at least fifty (Sort) per month. I Seotion IV. The manufactured gas supplied by said R. W. LysIe, his successors or assigns, under this ord.inance, ,shall, wi thin one mile radius of the distribution center, give a monthly average total heating val\1e per cubic feet, as measured at (60) degrees]iahrenheit and thirty (50) inches , . barometrio pressure, of not l~ss than F~ve hundred fifty (550) British Thermal Units , wtth a minimum. which shall never fell below Five hundred and th,irty five (535) British Thermal Units. The gas pressure, as measured at meter inlets, shall never be less than one and one-half (It) inohes nor more than six (6) inches of water pressure; tIe daily variation of pressure at the inlet of anyone meter on the system shall never be greater than one hundred (IOO) per oent of the :I",~ ;. minimum pressure. The gas ~upplied shall not contain mOre than thirty (30) grains of total sulphur per one hundred (100) 'oubic feet, and not more than a trace of sulphur as sulphuretted hydrogen. Seotion V. The said R. W. Lysle, his successors or assigns, shall be subject to ill general ordinances of the City of ~ozeman regulating gas oompanies, providing same do not in any way interfere with the provisions of this ordinance, and the O~ ty of Boseman shall ha~e the right. at any time to provide for the appointment of one or more insp~ctors of ga.s with all the power and authority incident to suc.h position, or whioh the said City may deem neoessary toproteot the said City of Bozeman in its corporate right and individual cOnsumers of gas against pppressiQn orfraud. All meters used by esid'R. W. Lysle, his successors or assigns, for measuring gas shall be subjec't to inspection and approval by suoh person or persons , . officer or officers, ~s may be appointed by said oity for that purpose, the said R. W. Lysle, his suocessors or assigns, shall pay all such reasonable Cbsts and oharges of such inspection, when the said R. W. LysIe, his suo-, cesso;t"B or assigns, if found in default, and by the individual complainants I I . I ':~L.'". . I I I I I .... ..;:"~- .. . 47'0. when he or they are at fault, as may be fixed by the City Counoil. Seat.ion VI. Said gas mains and service pipes herein authorized to be laid shall be so laid as to not interfere with, or obstruct the drainage of said city or the oonstruotion or opera~ion of sewers or underground fix- tures for the oonveyance of water now installed, or the neoessary or proper use of said streets, avenues, alleys and publio grounds. Seotion VII. Said R. W. LysIe, his successors or assigns,ahall in all oases furnish service pipes laid in plaoe for eonsumers' use from gas mains to the property line without oost or expense to the consumer. But from the property line to the meter upon the premises of oonsumer a charge of 26~ per lineal foot may be made for such servioe or supply pipe. Seotion VIII. Said R. W. LysIe, his suooessors or 8s,signs, shall maintain the gas plant in condition to supply all the gas of tr..e quality stipulated in a.ection Fpur (4) hereof whioh may be required and shall from time to time at his own expense exte.nd the street gas mains wherever glis isd~sired by the inhabitants of said city at the rate of one hundred (100) lineal feet of the required extension of street mains for each cOnsumer agreeing to take and pa~ for gas for the period of two years, or more, suitable bond to be furnished by oonsumers agreeing to take gas from such street main extension ~or the said period of two years. Seotion IX. Said R. W. Lys1e, his suocessors or assigns, shall not . , open or incumber more of any etreet, avenue, alley or public place, a.t any .time than may be necessary to enable 'said R. W. LJ[sle, his successors or assigns, to proceed with advantage in'laying of mains, feeders, or service pipes, nor will said R. W. Lysle, his sucoeesors or assigns, permit any s1:;:reet, avenue, alley or publiC plaoe 'to remain open or incumbered any ,longer than is necessary for ~he speed3 oompletion of the work; said streets, avenues, alleys or publiC plaoes to be left thereafter in as good condition as they were prior ,to the laying of said mains and pipes; provided, that , ' all such work shall be done by said R. W. LysIe, his successors or assigns, under the provisions and direotions of the City Engineer of said City of Bozeman, and in conformity with the terms 'of this ordinanoe and any other ordinanoe or ordinances co~trolling the use and ocoupation of streets, avenues, alleys and publio pla.oes of said oi ty now in forc,e. Provided further, that if at any time a change of the grade or plan of the street, avenue, or alley shall be made by other of the proper city officials, that the said R. W. Lysle, his suooessors or assigns, shall without expense to the said city of Bo.amen, make such ohanges in the looa- tion of their pipes as the ohange of the grade or plan of the street, . ' 470. avenue or alley makes necessary, which said change shall be made as soon as possible after ,the said E.. Vi. Lysle, his successors or -assigns, shall have reoeived,notioe from the'proper oity officials having the same in charge, Provided that such work shall be don~ by said R. W. Lysle, his successor. or assigns under the provisions and directions of the City, Engineer. of said City of Bo!eman, and in oonformity with the terms of this ordinance and any other, ordinance or ordinances controlling the use and occupation of street.. I , . avenues, alleys and public places of said city now in force. Provided .further, said R. W. Lysle, his suocessors or assigns, shall I .. :\ at all timeaguard and protect all.excavations by light or otherwise. Seotion X. I It is further provided that where residents or property owners along any street or avenue desire to have said street or avenue . . parked or boulevarded 80 that said parking or boulev8rding will extend out into the street or aVenue~. as to cover pipes previou8+Y 1ai4. by said R. W. :Lysle t h,is suooessors or assigns, then and in that event the expense of mov- ing and relaying said pipes shall be defrayed by the residents and property owners along said streets or avenues so improved. . S$ction XI. The right, franchise, _~uthority and privileg~s herein I granted are upon the express oondi ti.on that the said R. W. LysIe, his suocessors or assigns, shall be liable. for all injuries to persons and property oaused by the negligence, mismana.gement or fault of the saidR. W. Lysle, his suooessors or assigns, while engaged in the construotion or operation of said gas plant and street mains; provided further that said R. W. Lysle, his successors or assigns, shall save the city harmless in the premises on aooount of any damage or expense of litigation by reason thereof or for any damage eussatae.icinrany manner by said R. W. Lysle, his suc- oessors or assigns, by reason of electrolysis. Section XII. I The rights, franchises, au.thori ties t privileges and powers herein contained Shall exist and oontinl1e inforoe and effect for a . period of thirty-five (35A years from the date of the passage and approval of this ordinance. Section XIII. When the quantity of manufactured gas deli vore d from sa~d gas plant to the said city of Bozem~ and its inhabitants shall have reaohed a total of one hundred million (100,000,000) oubic feet '0er year, the said R. W. Lysle", his successors or assigns t shall pay to the si;,1 d city, ~ ~.:.( '- ~'., Cd. '. '--, -:l...,. ... '. '._' l I " 89 , ' 470;. r\ . in lieu of all ~anchise tax. one per oent. pf the annual gross receipts from the sale of gas from said gas plant. within one month after the end of eaoh year; 'the term "franohise tax" shall not be interpreted to mean prop- erty tax. In order to determine the gross receipts from the sale of gas by the ~ . ,........., . , Seotion XIV. At the expiration of the time this franchise is to ~ . ' run. to-wit: thirty five (85) years. from the da.te of its passe.ge and ;,---" approval. the said City of Bozeman either-under any power it may now have. or under any power whioh may be 'hereafter ~onferred upon 'it, shall have the right to purohase of, said R.W. Lys1.e, his' suocessors or assigns. the entire gas plant and distributing system at its appraised valuation, whioh valua- tion shall be determined by two (2) oompetent appraisers, one seleoted by the Gas Company ~d one by the 01 t7. "fmd if t~.se oannot agree then they are to agree upon a third appraiser whose duty shall be to deoide upon a fair . and reasonable valuation. Provided further if said oity shall desire to purohase the said gaa plant and distributing system. as aforesaid. it shall give written notioe thereof. to be served upo. the said R... LysIe. his suocessors or assigns. at least three months before the expiration of th:1rty-five (Z-5-) years. Seotion XV. The said R. W. 'Lple, his successors or assigns, aLall ,........., within sixty (60) days from the passage and anproval by the Mayor of thie ordinance and franchise, file with the G1ty Clerk of said oity a writing expressly accepting this franohise, and agreeing to oomplete and equip Repealed by Ordiuaoce tie. d 9~ .'