HomeMy WebLinkAboutOrdinance 703 Provided, howaver, that the Grantee shat: Comply vijbl: all ordinances ,
resolutions , regulations , or orders w.hloh. are Herr In offea or 1"riich r.
be passed and become: effective hereafter, Foverni.ng the lay9.ng cf pipes,
excavatio, ; , refilling of ditches , the cutting, injuring. , and repairi_nC
of psveaents , and safeguatrling individuals arai.nst i;rjar-f orcr-sionad by
reason of acts of the Grantee, or arq act of the Grantee perm?;-ttcd u:rder
t1iia ordinance . It is understood that a bond vrill ba rcc}uired ^:ucle
shall guarantee that the streets , pavements , and '.mprovem3nte which are
changed, affected, or injured by resson of th.3 pri.vilcrca granted under
this onllnanco ti.ill be rcpalced in as good condition as they r.:erc be;fa..a
such changes occurred. Said bond to be maze in favor o£ the City of
Fayetteville, Arkansas . In addition to the above bend the Grantee shall
` make a maintainance bond in favor of th3 Gr, ntor, tdr_ch shall n-uarar,tea
maint.rinance of all repairs for a period of Five yca;-s . All bonds to be
approved by the City Council of the jity of 1ayottovil.I^, Arl.ansss belorr:�
any work is done re� thin the public streots or alleys . .
3. Nothing in this franchise shall be construed in such a manner as
to in anywise abridt-e or affect the right of said City of F:;yetteville ,
ArkLnsas, to pass and enforce the necessary police r - gilations for the
protection of the citizens of said City of Fayettevi'-le , rsl :anaas and
ai
their property, and the property of the Grantee herein.
It is further by and between the parties hereto that this lr. nohise
is net exclusive and the City Council of the City of .'r-yette ri11e ,k -'ki; ssas ;
hereby expressly reserves the privilege of granting f..rther gee franch= aes
to any person, ' firm, partnership, or corporation dur::nj the tern of th_ia
franch;se .
4. The Grantee heroin shall supply natural ;-as under the teres and .
conditions herein specified to all applicants not in arrears for- any bills
for natural gee , service pipes and appliancr_s o;;ning or orcupy-l'i-,g premises
on or abutting tha • strsots , avenues , al.!ays , roads , hi.ghrrays, and of .er
Public places within the City ofFayetteville , Arksnses, in which sued gas
rains or service pipes are paid, and the . said Grantee shall. have tk ; gr
to make and enforce a written agreement with all applicants for natural gas
with reference to making a deFosi. t for service , and fixing the terms and
conditions upon which natural gas is to be served to the individial appli-
cant. Such contracts , hovrever, shall conform to and comply vith tre
of the State of GrkansaJ , and of the City of Fayetteville , Arkansas , and
all regulations governing the same and also the right's hereinafter f_-,cd
and establishers.
5 . The Grantee shall lay pipes £rom the mein pi.paa to the+ cons•,n::Z�r ' s
property line to the expense of the said Grantee . Froa the consumer ' s
property line to th, meter, the Grantee shall have tho right to la; the
service pipes at the conmrae_ ° s enpensr_ at a reasonable price to' be fixad
by a written contract ::a.th tiro indivi0val cozsur3rr. and .70m the ' 3:ete.r on,
the . consumer shall have the r ght to Eeaeet his Orin ;as f'Ater -to lany his
pipes, and to install his fixtures•--all of said r:ork, hc. -cver, to be done
in strict compliance with the tezris rrd ror._livions of any rand all ordinances
of the City of Fayetteville , Arkansas. in force ant the tis,e of said work; .- t
being the intent of the said City Council of the said City of Fryetteville ,
Arkansas , in this franchise ; to reserve Unto U-salf the right to pass are,
enforce any and all ordinances it may see fit to re. gul to such work . And
the Grantee herein shall have the right to :Hake and` enf.orce as a part of the
Ordinance 703- 3
the condition under which it will supply natural gas for haat, light,
power, fuel, or other purposes as herein provided, sll needful. rules and
regulations not inconsistent with the laws of the State of Arkanca: s , and
the provisions of this franchise .
6. The Grantee herein shall furnish promptly to the iyroper authcri-
ties any and all inforn„tion which may be asked for by than in regard to
the size , location, or dopth of any of the pipes, mains , conduits, or
service piles in any form whatsoever, and DV and all other ir:fornation
in regard to its occupation of the streets , avenues , alleys , mads , ft#h
highwaysp or other pablie places of the said City of r'ayetteville , Arkansas
which they demand.
7 . Vhenever the word "Grantee " occurs in this ordinance , it shall
mean, and it shall be understood to 'us C . 0. Moore , his stem;-cors and '
assigns , and whenever the word "authorities". or " proner authorities "
occur in this ordinance , it shall mean and it shall be understood to be
the duly authorized officer or officers , committee or board representing
the said City of Fyyetteville , j>rkarsas .
B . The said Grantee herein, its successors , and assigns shall have
a period of 30 days from the iinal passaL:e , approve 1, and publication of
this ordinance , and not longer in which to begin the laying of pipe lines
and laterals for the distribution of natural gss in the said City of
Fayetteville , Arkansas , and said Grantee shall , in good faith, continue
said work to its completion. A failure upon the part of. the said Grantee
herein to comply with the foregoing provisions of this section as to the
time in 'which tobeciln work, the manner in which said. work shall be done ;
and the progress to be made , shall operate to -render this franchise null
and void and of no binding... force or effect.
9 : If the Grantee herein shall within 30 days frcm the final. pass— '
age , approval, and publication of this ordinance begin. the actual layin(t
of pipe lines and laterels for the distribution of natural gas in the said
City of Fayetteville , Arkansas , and shall keep continuously at said work
vdth a force of worlanen as large as is practicable :miler the circumstances
and lay not less than 3000 feet of main each month, then, in that event
the said Grantee herein shall have unt l Jan, 204 1930 and nit loner to
construct, build, and lay "as mainsand. laterals into the said City of
Fayetteville , P.rknnsas , and to be ready with an adequate supply of gas
in all of said mains and laterals , and otheir lines for the distribution
of natural gas and to actually frxni.ah natural ,-as to all consumers within
the corporate limits of the City of: Fayetteville , Arkansas . A failure on
the part of the said Grantee hereinte ,coaaly with the last mentionood pro.
vision as to the time fixed herein, shal1 render this franchise null and
void and the same shall be of no bindin[, force or effect ; it beinC agreed
by the parties hereto that time is of the esso):; e of this franchise .
All gas sold under this franchise shall be masured on a 4 ounce
.basis and shall have a heat value of not less thin 950 PvT .Uo noR cubic
foot . A cubic foot shall be 1723 cubic inches of €.as under eight ounces
of pressure nhen the temperature is 60 .Farenehait.
10 . A bond sha.l.l be furnished to the ;:Aty ' of iayetteville , lxkansas'
Ordinance 7-03-11
to guarantee that the Grantee herein will act faithfully and will carry
out the terms , conditions , and agreeiL nt,s in this ordinance' set forth ,
with respect to the time in tirhich such work harein mentioneC and set
forth shall begin, ohall progress , and shall Le com!)'1. 3'ted . A failure on
the part oi' the said Grantee to begin -pork in Lhe time herein mentioned
shall be considered and treated as a damsi;e to the City of Fayetteville,
r:rkansas and s4id Grantee herein, ii,s xa= successors and assigns , and
its bondsmen shall be and become liable to the said City of F'ayettavi.11e ,
Arkansas in the said sum of 1'103000 . 00 for liquidated d.ajaaf-es--it being
specifically understood and agreed that said above r,:entioned failureon
the part of said Grantee shall oc deomed and treated as liquidated dar,�af;es
to the said City of }layetteville , ,lrkansas in said sin of 810, 000. 00 and
not as a penalty.
11 . The Grantee herein shall do no injury to any street, avenue ,
alley, road, highway, or other public place , or bridge , stream or water
course within the corporate limits of the said City of Fayetteville , Ark ,
and shall in no manner disturb or interfere with any public or private
sewer, water, or drainage system, now or hereafter Laid or constructed
by the said City of Fayetteville , 1r}cansas , or by any authorised parson,
firm, or corporr.tion, without the consent in v,•iting of the City .;ouncil
of the said City of Fayetteville , ! rl nsas_, Nor shall any drainage
system be laid or constructed Co as to in any manner disturb or interfere
wit' i any gas main or service pipes which shall have been laid prior to
the time of laying or constructinr such drainage• system , except :in case
of a conduit whic}i must operate as a gravity conductor which could not
be constructed without the chane: of gas lines , then, in that event the
cost of changing the grade of the gas line shall. be borne by the person,
persons , fife , corporation, . or muni cipal_. ty desiring such chan;te , and
then only upon the a.-lproval of the Ci.ty , Council of the City of r'eyette-
ville, Prkransas .
-1.2 . That if arty section or part of a section of this ordinance
shall be declared null s.nd void by any co. ipetentauthority, the re:aain-
ing portion thereof shall not t,e affected thereby.
13 . . This ordinance shall be considered a contract and shall remain
in force for a period of 25 years from the date of vaittcn acceptance by
said Grantee , and such acceptance must be made within one day after date
of publication of this ordinance and filed iAa; th the City Jlerk of the City
of Fayetteville , Arkansas, and in of the failure of the Grantee to
file such acceptance within the ti as specified herein all rights of the .
Grantee hereunder shaJ.l terminate .
14 . The said Grantee , its successors , and assiirns , shall hold said
City of Fayetteville, Arkansas free and harmless of and zrom any > and all
liability, damages , actions , and causes of action causod by, or through
the neglect or mismanagement of the said Gr4ntee , in the erection, instal-
lation, construction, reconstruction, repair, operation, maintenance ,
management, and control of said gas plant and distr:i.bu4n:- systeta.
15. The Grantee , its successors and assigns hereby warrant and
guarantee as a part of the consideration of the passage. of this Ordinance
c:nd franchise , that it will furnish f-as to the City of Fayetteville , i1rk . ,
and to its inhabitants at the rate of not to exceed the followinf; maximura
amount, to_VVit;
ri
Ordi.nauce 703•--5
DOM9TIC 2ATG: lot 1000 cu, ft. 9 1 . 85 per M. cu. ft.
next9000 . 85
next 40, 000 . 6o
Loss 10¢ per cu. fto di scount if pa-. .d before 10th of month fol-lvwi.ng datra
of consumption.
CO'=TICI1,L "ATE : lst 502000 cu- ft - 50,! per . i.'. " . ft. net
next 50,000 45s
next 50,000 40r�
next 50, 000 35¢
over 200, 000 300
INDUSTRIAL RATE Maximum rate 30¢
rilinimum raise 150
Net subject to individual contract.
16 . This ordinance shall Lake effect and be in force from rnd after
its passage , approval , and publication, rnd the said frEnc'hise shall be and
remain in full force and effect for the term of 25 years thereafter; pro—
vided, hoverer, that said written a�'cep ance by the Grantee be filed in the
Office .of the City Clerk of the City of Payettoville , Arkansas as ftwz,�m
provided in Section 13 hereof, and apps val of bonds required in Section2
and 10.
April 24, 1929 .
r!:.:
ORDINANCE NO . /0.1
AN ORDINANCE GRAIMMG TO C . 0 . MOORE , Ills SUCCESSORS , LI:SSES , AND ASS ; (:NS ,
THE RIGHT AND PRIVILEGE AND FRANCHISE TO LAY GAS NIAINS ALONG TIIE STREETS ,
AVENUES , ALLEYS , ROADS , AND HIGHWAYS , AND O'1'Hl;R PUBLIC: PLACES WITHIN THE
CITY OF FAYETTEVILLE , ARKANSAS FOR THE PURPOSI'I OF DISTRIBUTING AND SELLING
NATURAL GAS TO THE RESIDENTS OR IN'IIABITMTS 01: 'fill: SAID CITY OF FAYETTEVILLE ,
ARKANSAS , AND TO OTHERS , AND ALSO TO LAY PIPE LTNL'S IN THE S'I'REE'rS , AVENUES ,
ALLEYS , ROADS , AND HIGHWAYS ) AND O'rilER PUBLIC PLACES AND GROUNDS WITHIN SAID
CITY OP FAYETTEVILLE , ARKANSAS FOR THE PIJRPOSIS OF CONVEYING NAMI AL GAS
THROUGH AND WITHIN SAID CITY OF FAYETTEVILLE , ARKANSAS FOR DISTRIBUTION '1'0
THE RESIDENTS OR IN'HABI'TANTS OF 'TIIE SAID CITY OF FAYE'1'T'EVILLE , ARKANSAS AND
TO OTIIERS FOR INDUSTRIAL CCRNEIICIAL AND DOMESTIC PURPOSES , AND PROVIDING
T HE REGULATIONS FOR THE CONDUCT OF SAID GAS DISTRIBUTION SYSTP.'tl , AND FOR .
0 IER PURPOSES .
BE IT ORDAINED BY TIB: CITY COUNCIL OF THE CI'T'Y OD FAYIfl'1'IiVILLE , ARKANSAS :
I . That subject to the terms , conditions , and stipulations mentioned
and set forth in this ordinance , consent and permission is hereby given to
Grantee herein , and to its successors , losses , 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 distributing natural gas for
light , fuel , power , and heat and for any other purpose to the residents or
inhabitants of the City of Fayetteville , ' Arkansas , and to others , and to
lay , construct , and maintain a system of mains , pipe lines , pipe conduits
and feeders , and the necessary attachments , connections , fixtures , nil(]
appurtenances for the purpose of conveying , conduction , or distributing
natural gas from any point beyond the city limits of said City of Fayette-
ville , Arkansas in order to enable the said Grantee to distribute and sell
natural gas to the said City of Fayetteville , Arkansas , and to the residents
or inhabitants thereof , :Intl to others , provided , however , and upon the
condition that the said Grantee herein lay , construct , equip , operate , repair ,
and maintain what is technically known as a low pressure gas system within
said City of Fayetteville , Arkansas , and provided further , and upon tho con -
dition that said Grantee horoin shall deliver or cause to be delivered an
adequate supply of natural gas for the needs and requirements of the inhubt -
tants for domestic , commercial , and industrial purposes and that the same be
distributed to nil willing consumers under the terms and conditions of tilts
ordinance , and lines w111 ho extended 150 feet for each new consumer .
And provided further that the Grantee shall submit to the City Council .
of the City of Fayettcvl lie , Arkansas A plat showing the proposed location of
all gas mains and the rogula0r!t for Approval , anti that no mains shall be
constructed or no regulator station shall be estabilshod until such Approval
Is hod and the same ! n mado it matter of record in the minutes of the mooting
Of said City Council . It ! s undorstood that the City CnunclI will require
that distributing maim bo placed in Chu Public alloys so far as It is
practical to do so .
3 . The main pipes and sorvico plpos of the Grlmtoo herein shall bo laid
and maintained in the strrots , avonuos , alloys , roads , and highways , and
other public places within the said City of Fayettevlllo , Arkansas , as now
laid out , or an the sumo may hereafter be established , anti when so laid in
said streets , avenues , alloys , ronds , 'Intl highways , and other public places ,
the sumo shall be laid In accordance with the linos and gradus its now
usr"blishod , or which tiny horeart. or be estubllslmd by the City of 141yottovillo , Ark . '