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HomeMy WebLinkAboutOrdinance 30- 602, Granting Billings Gas Company Privilege and Fixing Terms Under Which Can Lay Pipes and Supply Natural Gas 248 f~p"n l"r"O \'1'(\ (~"",. , (I.nd ' ".2.:,:~g," '>), ,.0" -=~-s::r _v!----- ORDINAN CE NO. 602 AN ORDINANCE GRANTING THE BILLINGS GAS COMPANY THE PRIVILEGE AND FIXING THE TERMS UNDER WHICH SAID COMPANY MAY CONSTRUCT, EQUIJ;'l, LAY., MAINTAIN, AND OPERATE PIPE LINES IN, UNDER, UPON, OVER, AND ACROSS THE STREETS, AVENUES, ALLEYS, HIGHWAYS, BRIDGES, AND EASEMENTS OF THE CITY OF BOZEMAN, AND MAY DISTRIBUTE AND SELL NATURAL GAS TO SAID CITY AND THE INHABITANTS THEREOF . ~I"_ Be it Ordained by the Commission of the City of Bozeman; . , Seotion 1. There 1a hereby granted to the -'iillinga Gaa Company. _ _ . its suocessors and assigns:, (hereinafter oalled the grantee), the right _ privilege and franchise, 1'01' a full period of thirty years from the effec,tive "'- ' date hereof, to construct, equip, lay, maintain, and operate in, under,':::'ll:pon, I , over, and across the streets , avenues, alleys, highways, bridges ,andl?::.~:~_.. menta in the \lity of Bozeman, Gallatin County, Montana, as now or here':~ - - after constituted, mains, pipes, oonduits, manholes, reduoing and regulating stations, and. all other appurtenanoes and aooessories'for the purpose of , transporting, oonveying, distributing, su.pp~'lpg, and. selling natural gas to said City and to the inhabitants thereof, and to persons, firms, and oorporations outside the limits of said municipality, for light, heat, power, and other purposes. Seotion 2. Grantee shall not disoontinue the distribution of gas through its distributing system, or any portion thereof, for an un- reasonable length Of. t~me for the purpo~e of making repairs and extensions. I Seotion 3. ~he grantee, at least ten (10) days before work .8~~.,"~e started under this franohise, shall place wi th, and at all times _ .0 k9~P ort"file wi th the City Manager, plans show ing the location of each of ..... -- 'tr",i_" ''''g'"rante.8'a.pipe lines in the city limits, and the size thereof. --~ ~Section 4. that all pipes shall be laid in the alleys, rather than in the streets, 80 far as is economically practicable, and such ~tpes shall be arranges so as to interfere as little as pos~ible with laying, repairing, or replaoing water or sewer lines and all other struotures. ,~ Section 5. That all constnuotion shall be aooordir~ to best known eoonomloal;:standards and specifications, and shall b.e subject to the rules and regulations of the Publio Servioe Commission, and shall be subject to all ordinanoes now or in future effeotive in the City of Bo zeman. Seotion 6. That the grantee shall, in the conduct of the business herein oontemplated, at all times be sUbJeotto suoh ordin..anoes I' and rules and regulations as are now in force in the ~ity of Bozeman) . ' and to all reasonable ordinanoes, rules and regulations which the City Commission may in the future adopt. SectIon 7. All work done in, under, upon,over, and across the present and future streets, avenues, alleys, highways, bridges, easements, and other publio plaoes in the City of Bozeman, Montana, hereunder for the purpose of oarrying out the provisions of this franchise shall be done and - '.::..-: c7.^ >~;', '. ,249 performed in a good and workmanlike manner; and when any street or other public place in said city is excavated or damaged by grantee by reason of such work, the grantee as early as practicable shall restore such street or public place to its former condition. -I Section 8. ~he grantee shall hold the said City harmless from all costs and damages which shall or may accrQe to said City by reason of the neglect, default, or misconduct of the grantee in connection with the exercise of its rights hereunder. Sec'ticl)n 9. The grantee is hereby given the right and authority to make assignments of this right, privilege or franchise and the rights here- under, provided that no such assignments shall be effective until written notice thereof is filed with the ~lerk of the Commission. Seati on 10. Nothing in this ordinance contained shall be held .... or construed to grant any exclusive rights or privileges, but the- Citl\of .......,', '. .~ Bozeman reserves to itself the riGht at any time to make such otEer-gfants'/ or extend such other privileges to any other person or persons, eom P ar;;3" ,.!-,. e r , , ,- corporation for the use of its streets, alleys, or pub~ic gronnds; ..~~r 8~y ."~~.. .... thereof, for the purpose in this ordinance expressed, or for any other purpose as the Commission may by ordinance from time to time determine. :.1 Section 11. This franchise may be revoked by the City of Bozeman at any time within the life of the grant, for gross violation of city ordinances, for grossly unsatisfactory service to the consumers, or for , violations of or failure to oomply with the terms, conditions, oonsider- ations, and requirements of this grant, or any thereof, provided that the City shall give notioe in writing to the grantee, specifying in what part- icular or particulars the grantee has been in default within the provisions of this ordinance; and the grantee shall have a reasonable time after the service of such notioe to make good the d efaul t before.a revocation of forfeiture shall be claimed. Section 12. The grantee, within sixty (GO) days from the final -~ ,dO. '-pa1!sage of this ordiru-lnce{unless the time be extended in writing by -l> " m~tual agreement) , shall file wi th the ~lerk of the Commission of said City - a written aooeptance of this ordinance; but if such acceptance is not so filed this ordinanoe shall be void. Seotion 13. l.J.!he grantee, its successors or assigns, shall commence I construction work on its distribution ~stem within the City of Bozeman not later than the 1st day of May, 1931, shall continue to prosecute suoh con- struction work with reasonable diligence, shall conwence to distribute and sell natural gas within the city limits not later than JanuaDY 1st, 1932. If said construe tion work shall not be comma nced, prosecuted and completed in accordmlce with the foregoing requirement, the Commission of the City of Bozeman may at its option by ordinance repeal this ordinance and forfeit the rights and privileges herein granted. 250 Seotion 14. That, in the determination of the value of used and useful property for the purposes of fixing proper rates to the oonsumer, no val ue shall be assigned or accredited to the franohise herein granted. I Section 15. This ordinanoe shall take effect and be in foroe from and after thirty (30) days after the final passage, provided, the Grantee shall have oomplied with Section 12 hereof. j'imlly passed by the Commission of the City of Bozeman this 28th day of November, 1930. ~ Attest: ~i ..~~'~J~ ' , ~......, _~',:_/P:~ ._.0 . t .. s slon .,-*, ~ -, Introduced and read for the fir st time, and provis ionally -. ~,:"....... ..... ,1Iis.iHf<1 by the Commission of the '-'ity of Bozeman this 21st day of November, 1930; final passage fixed for a meeting of the Commission November 28th, 1930. 22nd and ... , !>ublished in the Bozeman Daily Chronicle Novembe.rl29th, 1930. Effeotive December 28th, 1930. I, Elizabeth Johnson, Clerk of the Commission of the City of Bozeman, Montana, do hereby oertify that the foregoing Ordinanoe No. 602 Jf the City of Bozeman, was published by title in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published 22nd and in the City of Bozeman, in the issues of Novemb~ 29, 1930 ,and that due proof of said pub1icationsV'llISismade and filed in my office. IN WITNESS WHEREOF I have hereunto set my hand and the cor~orate ... '~.. ~ seal of said City thi s 29th day of November, 1930. ,- '- .."""'-"-'..--'.'.'-- ...- "'- ." -', -- ' '.....1"" I .