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May 19, 195040. MINUTES OF AN ADJOURNED MEETING OF THE CdTY COUNCIL OF THE CITY OF WEST MEMPHIS, :. __ _ _ ._ ARKANSAS,_. HAD AND HF1,D,_4N MAY_~9,.-1.954. _. _ ___ The Council of the City of West Memphis met 3n an adjourned session at the City Hall in said City at 3,00 P.M. on the 19th day of May, 1950. The meeting sas called to order by the Mayor and the roll being called there were= Presents Mayor P. M. Dacus in the chair, and the foiloyring named Aldermen; Curtis Foster, P. B. Powers, James Bledsoe, 0. I. Bollinger, R. L. Garrison, and R. R. Morley; City Attorney J. H. Spears. Absent: Aldermen C. H. Rowton, and A. R, Manchester, It being determined a quorum was present, the following proceedings were had to-wit: The Mayor advised that the details relative to the proposed gas franchise had been disposed of and that final disposition of the proposed ordinance was now to be considered. Thereupon Alderman Foster then moved that said ordinance be now placed upon its final adoption; motion was seconded by Alderman Powers, and after due consideration thereof by said Council, the Mayor put the question on the adoption of the motion, and upon the. roll being called, the following voted: 4~ye: Foster, Powers, Bledsoe, Bollinger, Garrison, and Morley. Nay: None. Yhereupon the Mayor declared the motion duly carried and said ordinance placed upon its final reading and adoption. Said ordinance was read in full by Alderman Garrison, who moved its adoption, seconded by Alderman Bollinger, and after due consideration thereof by said Council, the Mayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voteds Ayes Foster, Powers, Bledsoe, Bollinger, Garrison, and Morley. Nay: None. Whereupon the Mayor called to the Council's attention that the ordinance, adopted, contained an emergency clause and suggested that specific action should be taken by the Council on this clause. Whereupon motion was made by Alderman powers and duly seconded by Alderman Morley that the emergency clause of said ordinazice be adopted, and the roll being called, the following voted; Aye: Foster, Powers, Bledsoe, Bollinger, Garrison, and Morley. Nays None. Whereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and signed his approval to said ordinance and the City Clerk was directed to spread the same upon the record of Ordinances of the City of ~~est Memphis, Arkansas, and to have same published as required by law, and to number said Ordinance No. 182. Said ordinance to which no amendment was offered read as follows: ORDINANCE N0. 182 AN ORDINANCE OF THE OGUNCIL OF THE CITY OF WEST MEMPHIS, CRITTENDEN COUN TY, ARKANSAS, GRANTING TO T. J. RANEY & SONS THE EXCLUSIVE RIGHT AND PRIVILEGE AND FRANCHISE TO LAY GAS MAINS ALCNG THE STREETS, AVENUES, ALLEYS, ROADS AND HIGH~JAY~ AND OTHER PUBLIC PLACES OF THE CITY, FOR THE PURPOSE OF DISTRIBUTING AND SEIZING NATURAL GAS TO THE INHABITANTS OF SAID CITY AND TO OTHERS, AND ALSO THE EXCLUSIVE RIGHT TO LAY PIPE LINES IN THE STREETS, ALLEYS, AVINUES, HIGHI~VAYS, 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 NATURB~L GAS Ta THE INHABITANTS OF SAID CITY, AND TO OTHERS BEYOND THE LIMITS OF SAID CITY, FOR DOMESTIC, COMMERCIAL AND INDUSTRIAL YURk'GSES, AND PROVIDING THE REGULATION FCR THE CONDUCT OF SAID GAS DISTRIBUTION SYSTEM, AND OTHER PURPOSES.' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, CRTTTENDEN COUNTY, ARKANSAS: SECTION 1. That the City of ~'~est Memphis, subject to the terns, conditions and stipulations mentioned. in this ordinance, consents and the exclusive right, permission and franchise is hereby given to T. J. Raney & Son Grantees, and to their successors, lessees, and assigns to lay, construct, equip, operate, repair and maintain a system of gas mains, pipes, conduits, and feeders for the purpose of supplying and distribut- ing natural gas for light, fuel, power, and heat and for any other purpose, to the residents or inhabitants of the said City, as rapidly as the said T. J. Raney & Sons, Grantees 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 for the purpose of conveying, conducting or distributing natural gas from any point beyond said City limits in order to enable the said Grantee to distribute and sell natural gas to the said City and to the residents or inhabitants thereof, and to ottrers. SECTION 2. The Grantees herein are 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 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 for 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 plans 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 Grantees may be laid in the highways, roads, streets, avenues, alleys and otkier public places as now laid out or as the same shall hereafter be established, and when laid in highways, roads, avenues, streets, alleys, and other public places, same shall be laid in accordance with the lines and grades now established or hereafter to be established by the City, provided that such main pipes and service pipes be laid at the minimum depth of eighteen inches below the grade of streets, alleys or ditches. SECTION 4. In the opening and refilling of all, openings made by the Grantees, 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 Grantees shall open any ground in said City for the purpose of laying any gas pipe or for any other purpose whatsoever, the Grantees shall open no more space at any one time or at any one place nor keep the same open any longer than is necessary to properly execute the work for 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 Grantees shall employ skilled workrnen familiar with the execution of 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 of the highways, streets, avenues, roads, alleys or other public places, and the relaying or refilling of the sidewalks and pavements, all of the repair and replacement of pavement, sidewalks and other grounds disturbed for the laying of the said pipes, shal]. be at the expense of the Grantees. SECTION 5. No fees or charges of any kind shall be imposed upon the Grantees or upon any successors, or upon any consumer of natural gas for 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 franchise shall be construed in such manner as to in any manner abridge the right of the City to pass and enforce the necessary police regulations for the purpose of protecting the citizens of said City and their property and the property of the Grantees. Grantees shall at all times keep and display the necessary danger signals and proper guards around all excavations and obstructions, and shall keep sufficient space in good condition for the travel. of vehicles on at least one side of all excavations and obstruc- tions, and shall as soon as practicable restore all. openings on the ~ti.ghway, road, street, avenue, alley, and other public places to condition equally as good as before said openings or obstructions were made. 40. ....................... . _. SECTION 6. The Grantees shall do no injury to any highway, road, street, avenue, alley, lane, bridge, stream or water course, park or public place nor in any manner disturb or inter- fere 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 so 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 Grantees shall fully indermrify and save harmless the City from any and all claims for damage for which said City shall or might be made or become liable by reason of the granting of ti:is franchise, or any negligence or careless- ness on the part of said Grantees, or because of any act or omission of the Grantees i.rr the construction and operation of its system of mains and pipes. SECTl~id ']. The Grantees shall supply natural gas under the terms and conditions herein specified to all applicants not in arrears For any bills for natural gas, service, pipes, appliances, or other ttrings, owning or occupying premises on or abutting the streets, avenues, or other public places in which such gas mains or conduits are laid. The Grantees shall have the right bo make and enforce a written agreement with all appli- cants for natural gas; and rate to be charged for natural gas, according to Section 12 hereof, the fixing of 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 Grantees shall lay their service pipes from their main pipes to the curb line and/or the consumers' outer property line at their own expense, necessary curb boxes and meters shall be furnished-and installed by the Grantees without expense to the consumer; from the curb line and/or the consumers' outer property line on, the consumer shall have the right to select his own gas fitter to lay his pipes 2nd install his fixtures, at the consumers risk and expense. The Grantees shall have the right to make and enforce as a part of the conditions under which they will supply natural gas for heat, power, light, fuel or other purposes as herein provided, all needful rules and regulations not inconsistent with law and the provisions of this franchise. SECTION 9. The Grantees shall furnish promptly to the proper authorities any and all information which may be asked for by them in regard to the size, location or depths of any of the pipes, mains, condnita or service pipes, in any form whatsoever, and any other information in regard to its occupation of roads, highways, streets, avenues or public grounds of said City, which they may demand. Whenever the word Grantees occurs in this ordinance, it strall mean and it shall be understood to be T. J. Raney & Sons, their successors, lessees or assigns, and whenever the words ~~authorities~~ or 'proper authoritiea~~ occur in this franchise they shall mean and shall be understood to mean the authorized officer or officers, committee or board representing the City of pleat Memphis, Arkansas, or Grantor. SECTION 10. This franchise shall take effect and continue and remain in force perpetually as provided in Section ~t~ of "Public Utilities get of 1935', Acts of the State of arkansaa, ae same may be amended from time to time, and upon the written acceptance by the Grantees of the terms and conditions of this franchise. SECTION 11. In consideration of the granting of this franchise the Grantees shall pay to the (`cantor the sum of $750.00 per annum, after the first year of operation, which payment shall be in lieu of any occupation tax, license tax, franchise tax, excise tax and any other character of municipal tax or fee except the ordinance state, county and city ad valorem taxes for said period provided, however, that the annual payment set forth above shall after five (5) years be subject to change by proper ordinance of the City Council. SECTION 12. The obligation of the Grantees to furnish and supply natural gas under this Ordinance is, and at all times shall be contingent upon the ability of the pipe lines, gas wells and/or other sources of supply of the Grantees to furnish and deliver natural gas in quantities sufficient to furnish and deliver all requirements of the residents or inhabitants of the City of West Memphis, and the residents or inhabitants of other cities connected to its lines; temporary interruptions in the service and/or supply of gas due to failure of transporta- tion lines, strikes, accidents, injunctions or other causes beyond the control of the (~anteea shall not be construed as a breach of any of the provisions hereof on the part of the Grantees. SECTION 13. The Grantee shall have full right and power to assign to any person, firm or corporation any or all of the rights conferred upon them by the terms of this Ordinance, provided that the assignee of such rights by accepting such assignment shall thereby become subject to the terms and provisions of this Ordinance. SECTION 1lr. be it further ordained that T. J. Raney & Sons, Grantees, their successors, lessees and assigns shall have 12 months from the final passage and publication of this ordinance, and not longer, in which to begin the actual laying of pipe lines and laterals for the distribution of natural gas in said City, a failure on the part of T. J. Raney & Sona, Grantees, their successors, lessees, or assigns, to comply with the foregoing provisions of this section as to the time irr which to begin the work shall render null and void this ordinance; it is further provided however, that upon a showing by the Grantees, that the actual laying of pipe lines and laterals for the distribution of natural gas in said City has been delayed due to the Grantees' inability to secure necessary pipe or other materials, or due to acts of God, the period allowed above shall be automatically extended for an additional period of six (6) months. SECTION 15. Upon approval of this Ordinance by the City Council the Grantee shall deposit with the City of West Memphis cashiers check or a performance bond in the amount of X5,000.00 guaranteeing that the Grantees, their successors or assigns, will. commence the construction of the facilities described herein within twelve (12) months after the final passage and approval of this Ordinance and will complete the construction within 18 months after such passage and approval, subject, however, to delays occasioned by floods, strikes, injunctions or other causes beyond the control of Grantees. SECTION 16. Be it further ordained, that the maximum rate charged as per Section 7 above for domestic, commercial and industrial consumption of natural gas shall be reason- able and as may be approved by the Arkansas Public Service Commission or the Commission or Regulatory Body then having 3urisdiction over the rates of public utilities operating in the State of Hrkansas, as is now provided by the ~~Public Utilities Act of 1935," as amended by Act 252 of the Acts of the State of Hrkansas of 1945 or as same may be further amended from time to time. SECTION 17. if any section, paragraph,. subdivision, Clause, phrase or provision of this ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole, or any part of provision, other than the part so decided to be invalid or unconstitutional. SECTION 18. It is ascertained and hereby declared that by reason of there being no natural gas for eitt:er domestic, commercial or industrial uses now in this City, that the domestic, commercial and industrial enterprises within said City demand an adequate supply of natural gas for their various uses, and that it is necessary to begin the con- struction of pipe lines and gas system for said City in order that same may be available for use as soon as possible, an emergency is hereby declared to exist, and this Ordinance being necessary for the preservation of the public peace, health and safety shall take effect and be in full force and effect from and after its passage and publication. Mayor Dacus advised the Council that the ordinance fixing a schedule of rates for natural gas service was being prepared and that it would be necessary to ad3ourn this meeting until a later date for consideration of the ordinance. Thereupon, motion was made by Alderman Foster and seconded by Alderman Bollinger to adjourn the meeting until 8;30 P.M. Monday, May 22, 1950. Upon the matter being called to vote, the following voted: Ayes Foster, Powers, Bledsoe, Bollinger, Garrison, and Morley. Nay: None. '~ , -, a, ATTEST: ,' I. APPROVED: JUP1E 6, 1950 _. ~~~....~~~~;._~ ~' C.~,t ~_ MAYOR