HomeMy WebLinkAboutOrdinance 692 MICROFILMED
DATE
Q REEL
ORDINANCE N0 . ./
. AN ORDINANCE granting to John McCullough a franchise for
the term of fifty years to provide a system for the supply of
gas to the City of Fayetteville , Washington County , Arkansas ,
and the inhabitants of said City,
BE IT ORDAINED by the City Council of the City of Fay-
etteville , Washington County, Arkansas :
Section 1 : That there is hereby granted to John MaCul-
lough, of Tulsa, Oklahoma , hereinafter called the grantee , and
'�1
-oto his, successors and assigns , the franchise right and privilege
of supplying gas to the City of Fayetteville , Washington County,
Arkansas , hereinafter called the City , and to the inhabitants
of said City, for the term of fifty ( 50 ) years from the passage
' of this ordinance as required by the laws of the State of Ark-
ansas ; it being understood and agreed that all rights and priv-
ileges herein granted and all restrictions hereby imposed shall
extend to and be binding upon said grantee , • his successors and
assigns .
Section 2 . The grantee is hereby granted the right-of way
in, through, under and over all streets , avenues , alleys , aide -
walks and public grounds of said City for the purpose of erect-
Ing , constructing , operating and maintaining its gas plant and
supplq system, for laying mains and laterals and other agencies
for the distribution and supply of gas , with the right and
privilege of erecting and installing any and all fixtures and
appliances necessary for the maintenance and operation of said
gas plant and system . No obstructions of traffic on streets ,
avenues or alleys shall be for a greater time than shall be
actually necessary, and all streets , avenues , alleys , sidewalks
and other public grounds shall be put in as good condition as
before withoutnreasonable or unnecessary delay , at the ex-
pense of the grantee ; and any replacements , repairs and re -
building of such streets , avenues , alleys , sidewalks or
other public grounds shall be at the expense of the grantee
when caused by the requirements of grantee ' s system or gas
plants and appurtenances , Grantee is hereby further granted
the privilege of removing his gas plant and system, pipes ,
mains , laterals and other property, at the expiration of the
term of this franchise , or the earlier termination thereof ;
provided , that said grantee shall put the property of said City
and its inhabitants from which such property shall be removed
in as good o.onclition as before , at his own expense and with-
out unreasonable or unnecessary delay:
Section 3. The City shall make , adopt and enforce all
ordinances necessary to protect said gas plant or plants and
system and property of whatsoever kind connected therewith or
used in the operation thereof , and to protect the grantee in
the sale and unrestricted use and enjoyment ' of all privileges
and rights under the franchise herein granted:
Section 4 . The grantee will not and shall not be required
to extend his mains and facilities at his sole cost , and to
furnish service to consumers , unless such consumers in the dis-
trjot to .be served by such extensions make and execute bona
fide contracts for the consumption of gas at the rates es-
tablished at the time of making such extensions , amounting an-
nually to one -half of the cost of such extensions , and then only
after a OaJority vote of the City Council ; provided , that
nothing herein contained shall prohibit the grantee from entering _
into and enforcing contracts and agreements by which the con-
sumers shall pay a portion of the cost of such extensions into
districts where the annual gross revenue shall not amount to
one half the cost of such extensions .
Section 5 . The City shall and does hereby grant to the
grantee the right to furnish gas to the inhabitants of the
City of Fayetteville , Arkansas , at the following rates , to-
wit :
For the first 500 cubic feet per month, $1 . 00 per 1000 cubic ft
For the next 1500 cubic Peet .07 per 100 cubic ft.
For the next 5000 ; 05 per 100 cubic ft .
For the next 130000 ° " " " , . 04* per 100 cubic ft
For the next10 , 000 " n _ n n , 04 per 100 cubic ft
For the next W, 000 - tla .. "d " 1 , . 031 per 100 cubic Pt
For the neat 600000 n • �' n ° , : 03 per 100 cubic ft
For 01 aver 1005000 " ° " !' , . 02} per 100 cubic fk:r
and may charge an additional ten per cent of the amount due in
the event that the patron does not pay for said service when due ,
within ten days after a statement of the amount due has been dep-
osited in the� post office addressed to the patron, with postege
prepaid . Said grantee is hereby further granted the privilege
to out off the service to any patron for nonpayment of the bill
for gas , after the same has been delinquent for fifteen days ,
and may collect a reasonable fee for again connecting the prem-
ises of such patron with gas service ; and said grantee may re-
quire a deposit by any consumer receiving domestic service from
the grantee ' s gas system of the sum of Five Dollars ( $5 .00 ) oQr
-mss', as the requirements made by the State of Arkansas , or im-
posed by it from time to time , whether statutory or otherwise ,
may provide : The grantee hereby agrees and firmly binds himself,
o�
his successors and assigns to provddeAall times an adgquate supply
of gas for both domestic and industrial purposes for the in-
habitants of the City of Fayetteville .
Section 6 . The grantee agrees to enter into a contract
with the City of Fayetteville to furnish said City with gas for
public uses at a rate to be determined by the grantee herein and
the City Council of said city ; it being contemplated that the
city may tap the main lines of the grantee ' s gas system for such
e
purposes at its own proper cost and expense , at the times and
in the manner provided by said contract . Eor and in consider-
ation of the rights and privileges herein extended to the said
grantee by the City of Fayetteville , the said grantee agrees
to furnish gas for lighting and heating the City Halland` Yire
stations free of all cost to the City for the entire period of
this franchise ; and to furnish gas for lighting, heating, cooking
and refrigeration of any one bona fide municipal hospital owned
and operated by the said City at a cost of thirty percent discount
off rates as herein established for the entire term and period
of this franchise , the City to furnish meter for the hospital at
its own cost :
Section 7 . The grantee has the privilege of collecting
from each consumer a minimum rate of One Dollar ( $1 . 00 ) per
month for gas furnished, where connections have been made and
meters installed , even though no gas is used through such meters
and connections , except in case the grantee shall fail or. refuse
to supply gas to such consumer .
Section S . It is hereby agreed and understood that the
rates herein made and established are subject to change by such
authority as shall be established for such purpose by the laws
of the State of Arkansas .
Section 9 : It is further agreed and understood that the
grantee herein shall have the right to conduct a gas business in
the City of Fayetteville , Arkansas , during the period of the
franchise herein and hereby granted ; and that the City may make
all reasonable rules and regulations for the management of
grantee ` s gas business :
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Section 10 , The gas system herein provided for aay extend
to and cover all territory in the City of Fayetteville embraced
within its corporate limits :
Section 11 . The grantee agrees to commence the intallation
of said gas system within six months from the date of tie pass-
age of this ordinance and to complete said gas system, and be
ready to furnish gas to the inhabitants of the City of Fay-
etteville within twelve ( 12 ) months from the date of passage
of this ordinance , apd upon the failure of the grantee to com-
ply with either of the provisions of this Section, this ord-
inanoe and franchise may, at the option of the City Council,
become null and void and be declared forfeited and repealed.
Section 12 , In the construction, operations repairing or
removal of the gas system, the grantee shall use every reasonable
precaution to avoid damage or injury to persons or property ,
and .shall hold and save harmless the City of Fayetteville from
damages , injury, loss or expense caused by the grantee in the
construotioh, operation, repairing or removal of said gas system:
The grantee shall not be .permitted to excavate any public street ,
alley, avenue , sidewalk , curb , gutter or parking , or to break
or out into any pavement , or to tunnel under any pavement for
the purpose of constructing , operating , maintaining or removing
the said gas system until a permit so to do shall have been grantei
by the City Council; and no such permit shall be so granted until
the said grantee shall have executed bond , in the amount and
form to be approved by the City Council , and conditioned to re-
pair any and all damage resulting to either paved or unpaved
streets , alldys or avenues , or' �to sidewalks , ourbs , gutters or
parking by reason of such excavation , tunneling or breaking ; and
all such excavation, tunneling and breaking shall be done under
the direct supervision of the City Engineer , or such other agent
or representative appointed for the purpose by the said City
Council:
Section 13. This ordinance and all of its terms and prow=
isisns , and the franchise hereby granted , shall be in force and
effect from and after its passage , approval and publication, and
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provided further , that this ordinance shall be deemed to be
rejected by the grantee ; and none of the franchises , rights
or privileges hereby granted and conferred shall be effective , ,
but all of the same shall cease and determine; unless the
grantee , within thirty ( 30 ) dpys after the result of such el—
ection it declared , shall file with the City Clerk of the City
of Fayetteville , his written acceptance duly executed acoord—
ing to law, accepting all the terms , provisions, conditions
and obligations hereof , and , within six months after the pass—
age of this ordinance , shall begin the construction of his .
gas plant and system in said City.*
Passed and Approved this day of
A. D. 1928 .
APPROVED : n _ _ _
� W
. `-"'a-[� "�
Mayor of the City o aye a e ,
Arkansas :
ATTEST :
V . �
City Cleric