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HomeMy WebLinkAboutOrdinance 60- 830, Franchise to Montana Power Company 37 ~ r~~ In...... ~tJt> (di'. ORDINANCE NO. 830 AN ORDINANCE GRANTING TO THE MONTANA POWER COMPANY, A CORPORATION, A FRANCHISE AND FIXING THE TERMS THEREOF UNDER WHICH SAID COMPANY MAY CONSTRUCT, EQUIP, LAY, MAINTAIN AND OPERATE PIPE LINES AND APPURTEN- ANCES IN, UNDER, UPON, OVER AND ACROSS STREETS, AVENUES, ALL1~S, HIGH~ WAYS, BRIDGES, EASEl\IENTS AND OTHER PUBLIC PLACES IN THE CITY OF BOZEMAN, I MO~Trn'UT ^, AND MAY TRANSPORT, DISTRIBUTE, AND SELL GAS; AND REPEALING ORDINANCE NUMBER 600. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1. There is hereby granted to Tho Montana Power Company" a corp- ora tion, its successors and ass igns (here inafter called the "Gran tee' ), the right, privilege and franchise for the full period of fifty (50) "years from the effective date hereof and thereafter until and unless otherwiBe provided by ordinance to construct, equip, lay, maintan and operate in,"under, upo"n, over and across the streets, avenues, a~leys, highways, bridges, easements and other public places in the City of Bozeman, County of Ga~latin, State of Montanal as now or here- after constituted, mains, pipes, conduits, manholes, reducing and re-gulating sta- tions and all other appurtenances and accessories for the purpose of transporting, conveying, distributing, supplying and selling natural gas or artificial gas, or a mixture of natural and artificail gas for light, heat, power and other purposes, at ra tea fixed and allowed by the Public Service Commission of'the State of Montana, and Grantee agrees to file with the Clerk of the City Commission of the :City of Bozeman, the schedule of rates thus fixed and allowed. Section 2. The Grantee shall extend its gas mains and pipes to such parts of said City as the consumption of gas shall justify; however, at least five (5) days prior to beginning work on such extension of mains the Grantee shall file, and at all times keep on file at the office of the City Manager detailed plans of the pro- posed installation. Section 3. That all pipes shall be laid in the alleys, rather than in the streets, so far as is economically practicable, and such pipes shall be arranged so as to interfere as little as possible with laying, repairing, or replacing water or sewer lines and all other structures. Section 4. All work done in, under, upon, over and across the present and I. future streets, avenues, alleys, highways, bridges, easements and other public places in the City of Bozeman, Montana, by Grantee for the purpose of carrying out the provisions of this franchise shall be done and performed in a good and workmanlike manner. When any street, alley or other public place in said City is excavated or damaged by Grantee by reason of such work, the Grantee shall restore such street, alley or publiC place to its former condition, provided, that in the event such restoration is not completed within thirty (30) days or as soon there- after as wea ther condi tions permi t, the Ci ty may cause the necessary repairs to be accomplished at the full expense of the Grantee. If at any time a change in the grade or plan of any street, alley or public place shall be made by order of the proper City officials, the Grantee sha~l, without expense to the City of Bozeman, Montana, make such changes in the location of its pipes and facilitLes as the change of the grade or plan of the street, alley, or public place makes necessary, which said changes shall be made as soon as possi- ble after said Grantee shall have received notice from the proper City official hav- ing the same in charge. Section 5. Grantee shall hold the City of Bozeman harmless from all costs and damages which shall or may accrue to said City by reason of the noglect, def'ault or misconduct of the Grantee in connection with the exercise of its rights hereunder. Section 6. Grantee 1s hereby given the right and authority to make assign- ments of this right, privilege or franchise, and its rights hereunder, all assign- ees to be bound to the same extent as the original Grantee, provided that no such assignments shall be effective until written notice thereof is filed with the Clerk of the City Commission at least ten (10) days prior to effective date of the assignment. See tion '1. Nothing in this ordinance contained shall be held or construed to grant any exclusive rights or privileges, but the City of Bozeman reserves to it- I self the right at any time to m. ake such other grants or extend such other privileges to any other person or persons, company or corporation for the use of its streets, alleys or other public places, or any thereof, for the purpose in this ordinance expressed, or for any other valid purposes as the City Commission may be ordinance , from time to time determine. Section 8. Failure on the part of Grantee to comply in any substantial respect wi th any of the provisions of this franchise shall be grounds for a forfei ture there'" of, but no such forfeiture shall take effect if the reasonableness or the propriety thereof' is protested by Grantee until and unless a court of' competent jurisdiction 38 (wi th right of appeal in either party) shall llave found that said Grantee has failed to comply in a substantial respect with any of the provisions of this franch:lse, and Grantee shall have six (6) months after the final determination of said question to make good the default before a forfeiture shall result, with the right in the City Comnission, at its discretion, to grant such additional time to the Grantee for compliance, as necessities in the case may require. See tion 9. Ordinance No. 600, which this ordinance replaces, shall remain I in full force and e~fect until the effective date of this ordinance at which time Ordinance No. 600 is hereby repealed in its entirety. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption by the City Commission. Finally pass.ad'and adopted by the Commission of the City of Bozeman this 21st day of Dee." 1960.. - - sf Arnold M. Swanson - Ma yor ATTEST: "- ~ ~/u:~.. ~LE. 'OF TH I Y OM ISSION i - - ~ - - - - - - - - - - - - - Sta te of Montana ) I ) ss County of Gallatin) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Ordinance No. 830 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 27th day of December, 1960, and due proof of such publica tion is on fl1e in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 29th day of D,ecember, 1960. " @/J'CU~' Clerk of the City Commission - - - - - - - ~ - - - - - - - - I