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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.