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0376 Ordinance
c ` ORD L ' toNo . C. k 4 a i �h ~ i c; C A 4INd 60xR.F FiLIs?;';tTI:G'SS�? 1�D �1STGS., �A I�T�T�JZAZ G t- �'��"� ,. • AND/ 16R, �` _ .€�S gni-CHISEL L�t�TD �T�E.: , ,. RTG o TO COl�`1STt",UCT, OPERATE AND MAINTAIN A' ''LAPP• AND DISTRIBIWPION: stsT 'm IN THS Q 1 OP' PASCO I L ,�T TON? PRESORI°BING TUB T R,6 t 01P. STD RIS 9�+' IT:c`, RT TO - AND TP2E`:1 "I TY .CCt3IJGT L OY. THN CITY `UV -ASC•0:, WAS"MINGT®N,.: DO ORDAIN AS FO LLOWS' &AAI', . r r: �G`PtTO t" ;,1, rh:a't Comb• ;,i1?•s kie rs, su.ece:sso.rs and assigns, be ac« U V granted tYie •.r:igY�ita p�1leg:Q and f'raiii ise to..c©n"tract,' ma ntaa.�n aid, o i rate in t�rrou h, incl;, ;s a]ong the I fvtre struts oaf th.e salt Cityy' ofPa'suco, in tree a? ,let's;, parka ng 1d p U., c` ; p e'c ;� o thea said C itry o Pasco, hits ' a3 ns f p *, b'o�e• , rbdu.cirig and re.gul n - stations j laterals', cor:i� t"3 and' s�rvic e.�t€s.1 togs theniti., all © " t°he .nQeE,s;ear appurt.enall s fob^ t120 PurPose of ��• . pp ging gas for hea.t;�; light, paler; am oth;�r puu uses, tb. tho a&i.d. City and the nbabz c r;,s �YrEre®f, for. Elie full .teMP Uf 'thi. frau"c rise, s'ub jest, lio��over' to tie 4"- t tions herein se't. forth aY1d �ar•c vide:d. ?: SEGT�IOw-�2,. The rigis,;'p'�ivileges and franch,:se her'eb:y gra�nftecl. to and ,eotf�r,ed upon .the'rante, shall un?ess' this fren r ch+xge baa` sooner termi,nted as hereinrovzded,. e:xte.nd fo;r the fLl tri ; of tr�nt'y ,five Nears �fram the :date :of the .acceptant:e here oi'f_ r _r b thfe, Grantee, hi..s sue , 0.ssarm, or ',€assigns, '1 0 %E'LC3, ii7CE 'GONS'lirE CTMiTAT. .• ?, h t ' E an°c1e and the i�rtt:en acceptance" SaCTIOI ;, 'Thies' r�rcl,in , t t`h�aro`oF'Y th,e (;rm tee, .hall cCansitil>e t.e ce�ntract be°tweftn stlio azdh.e�; <;rs 11 be„:bid ng on the heirs,,; City anti tile Grgntee r.,. ,. y, w „su°ccessors andr' assigns of• the Grantee.• under' l�mtatYonsl 'sere- in j,imposed. . SECTION 4.J That Grantee, by the acceptance of this &__ franchise, agrees that within from the date of its acceptance, he will begin the construction.of a gas distribution .system in the said City of Pasco, and will continue the construc- ''tion work with due diligence until the said gas distribution plant shall have been completed,and which shall be =1 within one year. Mains of suitable size shall be laid in the 13 except where necessary to cross streets alleyV/as determined by,Grantee, and shall be so laid as to make the gas service of the Grantee available to the apns=ers of the arty -deviation, herefrom must. by with the .consent said City of PasWq of tue. _City oune.il'. G antee s ajl submit blueprint of the. cat' �i e ro er com�� �eeb�t�� ���' ��u�L���o��'$�he�p�`��r�s�e�aid. Y p pProvided that_.said Grantee, his successors and assigns, shall not be compelled or required to construct or extend their gas mains into or along any block. of'. three., hundred feet ( 300 ) in said City until at least four (4) -consumers agree in writ -Ing and jn` like manner 250 ft for'5 aonsumers,200ft for 2 consumers, to install and take said serviP-Ad 100ft for 1 consumer. LAYING PIPE , SECTION 5.- All pipe lines of the Grantee shall be laid at least fifteen (15) inches below the surface of the streets, alleys and avenues and at least such depth below the bottom of all drain ditches and in .such a manner as not to interfere with any present public or private drains, sewers, water mains, side- { walks, paving or other public improvements. The said City of Pasco, reserves the right to construct, change orrepair any public i*iprovements and to change the grades of anY street, avenue or alley and should the same be changed, then the Grantee herein ,is required, at his own expense to lower, change or alter the pipe lines to harmonize with the regulations herein and not to interfere with the conduits, water lines, sealers, sidewalks, pav- ing, drains, or other public improvements of said City or the public utilities of said City. If practicable, no pipe line shall be laid closer than two (2) feet to any water main or other pipe �. • or conduits of other utilities. REPAIRS-REPLA.CEPf.XTS SECTION 6.- All earth, materials, sidewalks, paving, crossing or improvements of any kind injured or removed by Grantee shall be fully repaired and replaced promptly by Grantee and said Grantee shall.proteot and save the said City harmless from any loss or dam-3ges thereon,. CjVATIONS S-UPERVTSED SECTION 7.- Any excavations by Grantee in any of the `Streets, alleys, avenues, roads or public grounds within the limits of said City shall be done in acoordanoe with such reason- �able rules, resolutions and ordinances now emoted or to be en- . :acted by the governing; body of the said City of Pasco, relating to excavations in streets, alleys and public ground of said City, and under the direction and supervision of the officials of said pity, who, from time tq time may be invested with the supervision over the streets and alleys of the said City of Pasco. TO MAKE EXTENSIONS SECTION 8.- The (krantee shall at all times during the term of this franchise, install and maintain at his OM expense, service devices and street services and all measuring and regula�- .ting devices, exclusive of meters, which may be neoessary for the supplying of service to the consumer, (including services to the ,curb line along the line of the main where the said main is in the street, and to the abutting property Line where the main;: is in the alley) and shall make all reasonable extensions for the -supplying of its services to the consumers and inhabitants of the 'said City. The same shall be made, supplied, and furnished under .such reasonable rules 'Und' re ;tajstians as .tai be prescribed by the body, commission `or tribunal having jurisdiction thereover) as provided and set forth herein. -3- II TY AND PRESSURE OF GAS SECTION 9.- The gas to be supplied to the said City and its inhabitants under the terms bereof, shall be merdhantable gas /hf not and aupplised to M� n .uTmers� efeos6h reasonable pressure as may be prescribed by the regulatory body having jurisdiction aver said matter. RAT'S MD CONDITIONS OF SERVICE SECTION 10.- The rates to be charged and exacted from the said City and its inhab;tants, and the rules and regulations with reference to the character, quality and standards of service to be furnished by said Grantee shall be under the Jurisdiction and control of such regulatory body, municipal or otherwise, as may from time to time during this grant, be vested by law 'with authority and jurisdiction thereover. Until changed by lawful authority, the rates for natural 'gas to all consumers shall not be in excess of t le : ;110 . ng max- imum schedule of rates: First one thousand cu. f t . per month (mi.nimum......... 42'00 Per M. Next five thousand cu. ft. per month ..,.,,.••...••. •• X50 „ �f Next ninety-four thousand cu. ft. per month............ •40 n � Next two hundred thousand cu. ft. per nonth........,..r Nest nine million seven hundred thousand cu. ft. per .30 month .S5 All ovor ten million. cu. ft, per month. ................. Said gas bills shall be payable monthly and if not paid within ten (10) days from the date of the mailing; of a statement by Grantee to consumer, the Grantee shall be entitled to add to the statement and collect a penalty of ten (10) per cent of the amount of the same. Provided further, that Grantee shall be entitled to a minimum charge of 00 per meter per month, which minimum shall include the first one thousand cubic feet as above mentioned. Provided further, that nothing herein contained shall be construed as waiving the rights of eith,r the said City or the Grantee to review in the courts in such manner as is now or nay -4- hereafter be provided by law, and findings or order of said regulatory body. MAPS, PLATS, RECORDS, ETC. SECTION 11.- The Grantee shall at all times keep maps and records showing locations and size of all gas mains laid in said City and such maps and records of Grantee shall be subject to inspection at all reasonable times by the said City officials of Pasco, or its duly authorized agents. DETERS SECTION 12.- All gas sold and distributed by Grantee shall be by meter measured on the property of, or at, or in the building of the consumer served, and the Grantee and its agents shall have the right to read and inspect the gas meters on all work days between 8:00 a.m. and 5:00 p.m. The Grantee shall fur- nish reliable gas meters and may require the customer to pay the cost of the meter, which shall not exceed Ten (410.00) Dollars for a residence meter nor Twenty -($20.00) Dollars for a business meter provided that residence size le used in business building when gas used does not exceed the normal capacitthereof; and when the meter is returned, the Grantee shall ^ o the consumer regard-. Ings of any depreciation on said meter. Any consumer, upon re- quest and by depositing the s m of $2.00 with the City Clerk shall: be entitled to have the City electrician or other proper City of- fJooi:j disconnect and remove the meter of such party for testing purposes. Before removing such meter, the said City electrician or other proper city officer shall notify the Grantee herein, or its agents, and the testing of such meter sh-611, tf requested, be done in the 'gresenCe of. both the said City eleetric am or proper City officer, and the agent of the Grantee herein,and if the meter Ike found incorrect more than 3%1 'the $2.00 shall be re- turned to the consumer and the said $2.00 fees shall be paid by Grantee to the said City and said meter shall not again be used -5 Unle r~.ved by testing fvr. as lf�' R IC� '.Itli!3 .Quacessora and assiig-ns, shall h'e th: riott to Make zuloh r- _, _5QnI --ass and alations for )f its rr,_%Verty0 for the proy,.ntlon Of lOsS &nd Tante in the oonjuat or - janae%mtint of its business and for sale a t o=DA her ,..and distribution of as under th qOf as nar from time to time bo daezad heaessary* Tj,' the pzxtof said moz t' In: I.I.-In cas". of faLlura on hi.ri estlecesso."s nnd &631n,3, t* 0AP .!.r3 th any Of the rovl3jons of this ordinano* or if said Grantee; hi8 SIU009980rx and assigns,, abo-ald do or cause to be done, any act or thing pro- hibited b,,vjr or in violation of tho %am$ of this Ordinance, said Giromtt,es his sucaOSBOV3 avi aw;igns, shall fort it all rights and gricnted by this ordinan-.06 and all rirht tharounder shall vola- I Provided that said for. terrAnate wid become null Md 0.1_,�.Jj not oacur or take affect Until the 441d City of pasoo shall oari-y out Vid fOUQWing PAK386dinG34 Bafovj the sed cit7; -raoavd!� t^ fortf-vit said franchise in +,,jjit3 sootion preecribedt it ah.all 4,irrt jojqv a written notice t,.pon the mazager of said Granteoi, his successers and as- �01,.,nst emd upon thn trustee or trusteou in any ased of trust so- *UrIng bonds Of rrid Granteat his nucaesons and assiow$ Of x cord in I?runk3jn ountyl, �Tashiiv ton,, by mailizg Loti0s to such 'set 9$-Lting forth in detail thc neglect or l- elainod cezeore and aBsigns, ()p, and sua Shall have ninety (90) days thereafter in Vhi0h tO 00*17 with d auch fallure or negleat con - .the 4,6nditions of this franehise; ea - 'tinuing beyond sajeA ninety days th* G'Ity may bring action In the _* uqty, or any offer Court Of . 'Suporior Court of said Franklin � t competent jurisdiction to for cit the said franchise, and if the said Couit sh&ll fine that the said Grantee, his successors and asAgns have failed in any substantial respect to comply with any of the provisions Of this ordinance so that the rights of the said City, are materially or substantially affected thereby, or that the said Grantee, his successors and assigns, has done or caused to be done, any act or thing prohibited by or in violation of the terms of this ordinance so that the rights of said City are materially or substantially affected thereby, then the said City shall have the right to have the said Court enter a judgmat declaring; this fran.chipe forfeited, Prov1,ded, however, that failure of the said Grantee to comply with any of the provisions of this ordinance, or the doing or causing to be done by said Grantee of anything prohibited by or in viol,_tion of the terms of this ordinance, shall not be a ground for the forfeiture thereof, when such act or onission on tbB part of the said Grantee is due to any cause or delay beyond the control of said Grantee, his successors and assigns, or to bona fide legal proceedings. RMEDIES -SECTION 15.- The City, in addition to its rights, to foafeit this ordinance and franchise for the reasons herein stated, reserves the right to pursue any remedy to compel the Grantee herein to comply witt. the terns hereof, and furnish .the service herein ca7.ed far. And thenrsuit of any remedy by the City shall not prevent the City frcm thereafter declaring a forfeiture for any reason heroin stated; nor shall th.e delay of the City in declaring a forfeit-Ure stop it from thereafter doing so, unless the action of the City shale haV'e prevented, caused or materially of the G'°antPe to perform or do the contribut d to the failure things on account of which a forfeiture is being asserted. .ASSIGMEN`I' OF FRANCHISE SECTION 16.- This franchise may be assigned in accord- ance with the laws of the Sate of Washington as the same may exist at the time when any assignment is made. r; SAVING CLAUSE SECTION 17.- If any clause, sentence or section of this ti ordinance shall be held to be void by any court, same shall not affect the remainder of.this ordinance. AUTN_ORITY SECTION 18.- This franchise and contract is made and granted under and by reasons of authority of Sections 9125 and 9127, Reminton's Compiled Statute of the State of Washington, and pursuant to provisions of law applicable thereto. EFFECTIVE SECTION 19.- This ordinance shall take effect and be in full force in five days after its approval, passage and publica- tion in the official paper as provided by law, and after its due six months aoeeptance by the Grantee within /after said ordi- nance shall have become effeotive as herein provided. 'Upon its taking effect all other adinances or parts of ordinances inoon- sistent or in conflict with said.ordinance are hereby repealed. 1929# APPROVED APPROVED this r =day ofG' Attest* City ler �/ Mayor,/- Approved agor/- Approved as to form: o y..At LQrney. M