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120~, i FRANCHISE a,. ORDINANCE NO.__________.___.______120 TITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF____Y~I~.~~_~LIQ19~$~l~l~_.________.________________ _~Cr1tt811dA21___________________________ COUNTY, ARKANSAS, GRANTING TO THE ARKANSAS WESTERN GAS COMPANY, A CORPORATION, THE EXCLUSIVE RIGHT AND PRIVILEGE AND FRANCHISE TO LAY GAS MAINS ALONG THE STREETS, AVENUES, ALLEYS, ROADS AND HIGHWAYS AND OTHER PUBLIC PLACES OF THE CITY, FOR THE PURPOSE OF DISTRIBUTING AND SELLING NATURAL GAS TO THE INHABITANTS OF SAID CITY AND TO OTHERS, AND ALSO THE EXCLUSIVE RIGHT TO LAY PIPE LINES IN THE STREETS, ALLEYS, AVENUES, HIGHWAYS, ROADS AND OTHER PUBLIC PLACES AND GROUNDS OF SAID CITY FOR THE PURPOSE OF CONVEYING NATURAL GAS THROUGH AND OF SAiD CITY FOR DISTRIBUTION OF NATURAL GAS TO THE INHABI- TANTS OF SAID CITY, AND TO OTHERS BEYOND THE LIMITS OF SAID CITY, FOR DOMESTIC, COMMERCIAL AND INDUS- TRIAL PURPOSES, AND PROVIDING THE REGULATION FOR THE CONDUCT OF SAID GAS DISTRIBUTION SYSTEM, AND ETHER PURPOSES:' Vest Mem Yiia Crittenden _ ____ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF__._~...____._____...._~ __._______.___________, .__._________________________.___._________ __ COIINTY, ARKANSAS: SECTION 1. That the city of_____~f_est__Memphs________________________ subject to the terms, conditions and stipulations mentioned in this ordinance, consents and the exclusive right, permission and franchise is hereby given to the Arkansas Western Gas Company, a corporation organized and existing pursuant to the laws of the State of Arkansas, Grantee, and to its successors, lessees, and assigns to lay, construct, equip, operate, repair and maintain a system oY gas mains, pipes, conduits, and feeders for the purpose oY supplying and distributing natural gas for light, fuel, power, and heat and for any other purpose, to the residents or inhabitants oY the said City, as rapidly as the said Company, Grantee herein, shall find it practicable to do so; and further, the exclusive right to lay, construct, operate and maintain a system of gas mains, pipe lines, pipe conduits and feeders and the necessary attachments, connections, fixtures and appurtenances Yor the purpose of conveying, conducting or distributing natural gas Yrom any point beyond said City limits in order to enable the said Grantee to distribute and sell ttatural gas to the said City and to the residents or inhabitants thereof, and to others. SECTION 2. The Grantee herein is expressly given the exclusive permit (Subject to the proviso hereinafter contained) to use the streets, avenues, roads, highways, alleys, sidewalks and other public places, as now laid out, or hereafter to be established, for the purpose of laying gas mains, pipe lines, conduits and feeders, and the necessary attachments, fixtures, connections and appurtenances for the purpose of conveying or conducting natural gas from any point within the said City or to any point beyond the city limits of the said City or to any other point, through and beyond the city limits of said City, and to operate and maintain a system of pipe lines, pipes, conduits, feeders and the necessary attachments, connections, fixtures and appurtenances for the distribution of natural gas within said City to serve the said City and the residents and inhabitants thereof, and others; provided, however, that where alleys are accessible Yor laying mains and pipes, the City shall have the right to require that the mains and pipes shall be laid in the alleys instead of the streets, and plane for laying mains must be submitted to the Council or specially appointed representatives before final designation is made. SECTION 3. Subject to the proviso in Section 2 hereof, the main pipes of the Grantee may be laid in the highways, roads, ,streets, avenues, alleys and other public places as now laid out or as the same shall hereafter be established, and when laid in high- .Nays, roads, avenues, streets, alleys, and other public places, same shall be laid in accordance with the lines and grades now estab- lished or hereafter to be established by the City, provided that such main pipes and service pipes be laid at the minimum depth oY ~r~'eighteen inches below the grade of streets, alleys or ditches. SECTION 4. In the opening and refilling of all openings madc> by the Grantee, it shall relay the pavements and do all other work necessary to complete restoration of the streets, sidewalks or grounds to the condition equally as good as when disturbed; and when the Grantee shall open any ground in said City for the purpose oY laying any gas pipe or for any other purpose whatsoever, the Grantee shall open no more apace at any one time or at any one place, nor keep the same open any longer than is necessary to proper- ly execuie the work Yor which same shall have been opened; and it is especially required that in all cases where work requires the exercise of skill, as the laying or relaying of pavements or sidewalks, the Grantee shall employ skilled workmen familiar with the execution oY such work. Whenever deemed necessary by the proper authorities it shall have the right to designate its engineer or other person to superintend and supervise the refilling oY the highways, streets, avenues, roads, alleys or other public places, and the relaying or refilling of the sidewalks and pavements, all oY the repair and replacement of pavement, sidewalks and other grounds disturbed for the laying of the said pipes, shall be at the expense of the Grantee. SECTION 6. No fees or charges of any kind shall be imposed upon the Grantee or upon any successors, or upon any consum- er oY natural gas Yor the breaking or opening of any highway, street, road, avenue, alley, or other public places, or for the laying of any main, service pipe or other connections therein, except as provided herein. Nothing in this Yranchiae shall be construed in such manner as to in any manner abridge the right oY the City to pass and enforce the necessary police regulations for the purpose oY protecting the citizens of said City and their property and the property oY the Grantee. Grantee shall at all times keep and display the necessary danger signals and proper guards around all excavations and obstruc- tions, and shall keep sufficient space in good condition Yor the travel of vehicles on at least one side oY all excavations and obstruc- tions, and shall as soon as practicable restore all openings on the highway, road, street, avenue, alley and other public places to condition equally as good as before said openings or obstructions were made. SECTION 6. The Grantee shall do no injury to any highway, road, street, avenue, alley, lane, bridge, stream or water comae, park or public place, nor in any manner disturb or interfere unnecessarily with electric lines, nor with any public or private sewer or drainage system, or water lines, now or hereafter laid or constructed by the said City or by any authorized person or corporation, but no electric conduits or sewer or water pipes shall be ao laid as to interfere unnecessarily with any gas main or pipes which shall have been laid prior to the time of laying such electric conduits, sewer or water pipes. The Grantee shall fully indemnify and save harmless the City Yrom any and all claims Yor damages for which said City shall or might be made or become liable by reason of the ' granting oY this franchise, or any negligence or carelessness on the part oY said Grantee, or because of any act or omission oY the Grantee in the construction and operation of its system oY mains and pipes. SECTION 7. The Grantee shall supply natural gas under the terms and conditions herein specified to all applicants not in ar- rears for any bills Yor natural gas, service, pipes, appliances, or other things, owning or occupying premises on or abutting the streets, avenues, or other public places in which such gas mains or conduits are laid. The Grantee shall have the right to make and enforce a written agreement with all applicants for natural gas; and rate to be charged for ttatural gas, according to Section 12 hereof, the fixing oY the minimum monthly bill and service meter moving charge, and specifying an immediate deposit, and fixing the terms and conditions upon which natural gas is to be served the individual applicant, shall be determined by such contract. Such contracts are to conform with the state laws and regulations governing same. SECTION 8. The Grantee shall lay its service pipes Yrom its main pipes to the curb line and/or the consumers' outer property line at its own expense, where the necessary curb boxes and meters shall be furnished and installed by the Grantee without expense to the consumer; from the meter on, the consumer shall have the right to select his own gas fitter to lay his pipes and install his fix- tures, at the consumers' risk and expense. ., The Grantee shall have the es as herein provded~all needful rules and regniations not nconsiatent with lawaand the provisions power, light, Yuel or other purpos oY this franchise. SECTION 9. The Grant tion orldepths of any of the p pespmainsa conduits orn servi elpipesrmintany form whatsoever,eand any them in regard to the size,loca other information in regard trantee occursiin this ordinanceit shallrmean and it ahallbelunde stood to bethe Arkansas Western Gas wand. Whenever the word G Company, its successors, lessees or assigns, and whenever the words "authorities" or "proper authorities" occur in this franchise t ey shall mean and shall be understood to mean the authorized officer or officers, committee or board representing the City of______________________- W___e___s__t_ _Memphi_s _ __ ___ _________________ t+,rkansas, or Grantor. Y .SECTION S0. This franchise shall take effect and continue and remain in force perpetually as provided in Section 44 of "Public tilitiea Act of 1936," Acts of the State oY Arkansas, as same may be amended from time to time, and upon the written acceptance by the Grantee oY the terms and conditions of this franchise. SECTION il. Be it further ordained that the Arkansas n Y this ordinanep ands not longertain which to~begin the actual ayingaoY ave 12 months Yrom the final passage, approval and publicatio pipe lines and laterals for the distribution of natural gas in said City, a failure on the part of the Arkansas Western Gas Company, Grantee, its successors, lessees, or assigns, to comply with the foregoing provisions of this section as to the time in whi~h tothegactual work shall render null and void this ordinance; it is further provided however, that upon a showing by the Grantee, laying oY pipeeior otherlmaterfals,rorlduesto acts of Godtthe period alloweid above shalebe automatically ext ndediforianyadditional necessary p p period oY six (6) months. SECTION 12. Be it further ordained, that the maximum rate charged as per Section 7 above for domestic, commercial and in- dustrial consumption of natural gas shall be reasonable and as may be approved by the Arkansas Public Service Commission or the Commission th RPubl coUtiBlit es Act of 1936,'jas amended by Act 262eoY the Actsuoflthe State of Arkansas of 1946 orkasssameamay be provided by further amended from time to time. SECTION 13. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or un- constitutional, the same shall not affect the validity of this ordinance as a whole, or any part or provision, other than the part so decid- ed to be invalid or unconstitutional. SECTION 14. It is ascertained and hereby declared that by reason of there being no gas for either domestic, commercial or in- dustrial uses now in this City, that the domestic, commercial and industrial enterprises within said City demand an adequate supply of gas for these availablesfor use asasoonias possible, an emergency is hereby declared tonexist nand thiatOrdinan ei being necessary for same may b the preservation of the public peace, health and safety shall take effect and be in full force and effect from and after its passage, a - proval and publication. -------, 194.6. PASSED the_-------- 7~h---------------day oY-----Ma.3t---------------------- - ATTEST' - g. E. Main ---- -- city Ate. C^1 rk Approved by me this the_______-__7~Y1_____~______-----day of M~'~ ------------~ 194.6. ----------------------- F: TAI-. sous Mayor of the City of___West__Mem~hls,--_~GaX181~s • MSy-----------------------~ 1 _B. APPROVED the____7.$ll----------------day oYoY`_-_---__ "~; ~, D8.CU8 Mayor. The Arkansas Western Gas Company, a corporation, grantee, hereby accepts the above franchise subject to the terms and conditions con- tained therein. -----------day of------`Tune-----------------------------------+ 194_6. Dated this________].].~11_ ARKANSAS WESTERN GAS COMPANY, a CORPORATION, GRANTEE - - -- - -------------- By--- -- ---- --r-- - - - ~- President. !~-r