HomeMy WebLinkAbout0399 Ordinance - Franchise - R.E. Combs and his HeirsORDINANCE NUMBER e -
AN ORDINANCE REPEALING ORDINANCE NUMBER 376 ENTITLED, "AN
ORDINANCE GRANTING TO R. E. CU/IBS, HIS HEIRS, SUCCESSORS AND
ASSIGNS, A NATURAL GAS AND/OR AN ARTIFICIAL GAS FRANCHISE AND
THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A GAS PLANT AND
DISTRIBUTION SYSTEM IN THE CITY OF PASCO, WASHINGTON, PRESCRIBING
THE TERMS OF SAID GRANT, AND RELATING THERETO," AND REPEALING
ORDINANCE NUPJIBER 387 AMENDATORY THEREOF AND DECLARING SAID
ORDINANCES NUMBERS 376 and 387 TO BE NULL AND VOID AND FOREVER
SETTING ASIDE ALL RIGHTS AND PRIVILEGES GRANTED UNDER OR BY
SAID ORDINANCES OR EITHER OF THEM.
WHEREAS the City Council of the City of Pasco did, on the
7th day of May, 1929, pass an ordinance number 376, granting
to R. E. Combs, his heirs, successors, and assigns a natural
gas and/or an artificial gas franchise and the right to construct,
operate and maintain a gas plant and distribution system in the
City of Pasco; and WHEREAS the said franchise has heretofore
been assigned by the said R.E. Combs to the Northwest Natural
Gas Company, and WHEREAS the said City of Pasco did, by Ordinance
Number 387, amend the terms of said Ordinance Number 376, and
by'- such amendment extend the time within which the holder of
said franchise must begin the construction of said gas distribut-
ing system in the City of Pasco, and WHEREAS the said city
council did, by resolution on the 3d day of September, 1931,
further extend the time within which the holder of said fran-
chise must begin the construction of said gas distributing
system within the City of Pasco; and.WHEREAS neither the original
grantee nor the said Northwest Natural Gas Company nor the
present holder of said franchise has in any way complied with
the terms of said ordinance number 376 or ordinance number 387,
nor the terms of the said resolution dated September 3, 1931,
and has not begun the construction of said gas distributing
system in the City of Pasco, and WHEREAS the said Northwest
Natural Gas Company was duly and regularly notified by the City
Clerk of the City of Pasco on June 25, 1932 to commence work
within ninety days thereafter according to the provisions of the
said original franchise ordinance, and WHEREAS ninety days have
now elapsed since the date that said notice was served on said -
Northwest Natural Gas.Company and the said Company has not
commenced the construction of any gas distributing system within
the City of, Pasco or in any way complied with the terms .of said
Ordinance number 376, and'the said original grantee and all
subsequent holders of.said,.franchise ordinance having wholly
failed and neglected to in any way comply with. the terms of
said ordinance or any of them,
NOVI,,- THEREFORE, the City. Council of the City of Pasco do
ordain as follows;
Section 1. That Ordinance Number 376 entitled as follows:
"An ordinance granting to R.E. Combs, his heirs, successdrs
and assigns,,a natural gas and/or an artificial gas franchise
and the right.to construct,.operate and maintain a gas plant and,
distribution system' in the Gity on, .prescribing
the terms of said grant.,,and relating thereto," and ordinance
number -387 entitled as follows: "An.ordinaice amending Section 4
and repealing Section 19 of ordinance No. 376 of the Xity of
Paseo, the same-being'entit.led, `'An.ordinance granting; to R.E.
Combs, his heirs, successors and assigns, a natural gas and/or an
artificial gas. franchise and the right to construct, operate
and maintain•a gas plant and distribution system in the City of
Pasco, Washington, prescribing the terms of said -grant, and re-
lating thereto,".be and the same are hereby repealed and set.
aside and declared to be wholly null and void and inoperative,
and the rights of the Northwest Natural Gas Company and of R.E.
Combs and their heirs', successors, and assigns, under and by
virt e of�the terms of said or4 ffnnces'be and the same are hereby
forever cancelled._
Passed
and approved this ef7d&y o 1932.
Attest: Mayor. - •,
CITY -Clerk.
Approved as to form: , City Attorney.