HomeMy WebLinkAbout0057 Gas System Franchise 1962 ORDINANCE N0, �
AN ORDINANCE OF THE VILLAGE OF CHUBBUCK, IDAHO,
G .ANTING TO INTERMOUNTAIN GAS COMPANY A THIRTY (30) YEAR
FRANCHISE TO CONSTRUCT , MAINTAIN, AND OPERATE A GAS
TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING F�jR THE USE
OF STREETS AND RULES GOVERNING THE SAME ; SUBJECTING THE
GRANTEE TO ALL POWERS OF THE VILLAGE ; SETTING FORTH THE
PULES GOVERNING REPAIRS AND RECONSTRUCTION OF THE STREETS ;
PROVIDING FOR THE TERM OF THE FRANCHISE AND GRANT; PROVIDING
FOR THE RIGHT OF INSPECTION BY THE VILLAGE OF GRANTEE ' S PLANS ,
ACCOUNTS , AND BOOKS ; REQUIRING GRANTEE TO FURNISH CERTAIN
MAPS ; SETTING FORTH THE ANNUAL PAYMENT TO THE VILLAGE , AND
THE FILING OF ANNUAL REPORTS WITH THE VILLAGE ; REQUIRING
GRANTEE TO INDEMNIFY VILLAGE , AND FILE EVIDENCE OF INSURANCE ;
EQUIRING COMPLIANCE WITH SAFETY REGULATIONS ; SETTING TIME
LIMIT IN WHICH TO COMPLY WITH FRANCRISE ; SETTING FORTH AN
AGREEMENT NOT TO COMPETE , RESERVING POWER OF EMINENT DOMAIN;
PROVIDING FOR SURRENDER OF FRANCHISE ; GRANTING RIGHT TO
SALVAGE AFTER POSTING BOND; REQUIRING WRITTEN ACCEPTANCE ;
PROVIDING FOR CONSENT TO SALE , ASSIGNMENT OR LEASE ; SETTING
FORTH VILLAGE ' S RIGHT TO ADDITIONAL PAYMENTS; PROVIDING
FOR THE PURCHASE BY THE VILLAGE AT ITS ELECTION OF THE
GRANTEE ' S GAS SYSTEM, WORKS , PLANT AND PROPERTY WITHIN THE
CORPORATE LIMITS OF CHUBBUCK, IDAHO, WITH THE EXCEPTION OF
PROPERTY NEITHER USED NOR USEFUL IN THE PUBLIC SERVICE , CASH ON
HAND OR IN BANKS , NOTES, BONDS , SHARES OF STOCK, OR OTHER
SECURITIES , AND ANY ACCOUNTS RECEIVABLE OTHER THAN
CUSTOMERS ACCOUNTS RECEIVABLE LESS THAN SIXTY (60) DAYS
OLD; THE MANNER, METHOD, TERMS , AND CONDITIONS THEREOF ,
AND FOR THE RELEASE OF PROPERTY SO PURCHASED FROM MORTGAGES ,
TRUST 'DEEDS AND OTHER ENCUMBRANCES; PROVIDING FOR THE
APPOINTMENT OF A BOARD OF THREE (3) APPRAISERS TO MAKE INVENTORY
AND VALUATION, AND THEIR QUALIFICATIONS , P011ERS, AND DUTIES ;
PROVIDING FOR THE DETERMINATION BY SAID APPRAISERS OF THE PUP.-
CHASE PRICE TO BE PAID BY THE VILLAGE , AND RIGHT OF PARTIES
TO SUBMIT QUESTION TO COURT DETERMINATION; THE PAYMENT OF
SUCH PURCHASE PRICE AND THE CONVEYANCE AND DELIVERY OF
POSSESSION OF THE PROPERTY SO PURCHASED; THE TERMINATION OF
THIS AND ALL OTHER GAS FRANCHISES HELD BY GRANTEE FROM
CHUBBUCK UPON FINAL CONSUMMATION OF SUCH SALE , DELIVERY OF
POSSESSION TO THE VILLAGE AND PAYMENT OF THE FULL PURCHASE
PRICE ; PROVIDING THAT NOTHING IN THIS ORDINANCE BE CONSTRUED
AS PREVENTING THE SALE TO THE VILLAGE OF GRANTEE ' S GAS
SYSTEM, WORKS , PLANT AND PROPERTY BY VOLUNTARY AND MUTUAL
AGREEMENTS BETWEEN THE VILLAGE AND THE GRANTEE ; PROVIDING
FOR PAYMENT OF PUBLICATION COSTS ; PROVIDING FOR VILLAGE ' S CON-
SENT TO GAS STORAGE FACILITIES ; SETTING FORTH PENALTIES AND
FORFEITURES, SEPARABILITY, AND REPEAL .
BE IT ORDAINED BY THE CHAIRMAN AND BOARD OF TRUSTEES
OF THE VILLAGE OF CHUBBUCK, IDAHO:
SECTION I
Grant of Authority
There is hereby granted to Intermountain Gas Company,
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a corporation, its successors and assigns (hereinafter collec-
tively referred to as 'Grantee") the right and authority to
construct , install , maintain and operate a gas transmission and
distribution system, including mains , pipes , conduits , services
and other necessary structures and appliances appertaining
in, under, upon, over , across and along the streets , alleys ,
bridges , and public places within the present and future
corporate limits of the village of Chubbuck, Idaho, (herein-
after referred to as "Village") for the furnishing, transmission,
distribution and sale of gas , whether artificial , natural ,
mixed or otherwise , for heating, domestic, industrial and
other purposes and for transmitting gas into , through and
beyond said village .
SECTION II
Use_of,Streets`and�Rules_Governing_Same
Grantee shall secure a permit for any opening it shall
make in the streets , alleys and public places in the Village and
shall be subject to all applicable ordinances , but no fee shall
be required of Grantee for any such permit . The location or
relocation of all facilities shall be made under the super-
vision and with the approval of such representatives as the
governing body of the Village may designate for such purpose ,
but not so as unreasonably to interfere with the proper opera-
tion of Grantee ' s facilities and service . Whenever the Village
shall pave or repave any street or shall change the grade
of line of any street or public place or shall construct or
reconstruct any conduit , water main , sewer or water connection
or other city public works or utility, it shall be the duty
of the Grantee when so ordered by the Village to change its
mains , services andother property in the streets or public
places at its own expense so as to conform to the established
grade of line of such street or public place and so as not to
interfere with the conduits , sewers and other mains of the
Village as constructed or reconstructed ; however , the Grantee
shall not be required to relocate pipes , mains and appurten-
ances when the street, alley or public ground in which they
are located is vacated for the convenience of abutting property
owners and not as an incident to the public improvement , unless
the reasonable cost of such relocation and the loss and
expense resulting therefrom it first paid to Grantee . When-
ever the Village grants a permit for an excavation in a street,
alley or other public ground and the work contemplated by
the permit may expose gas pipes , mains and appurtenances of
the grantee , the Village shall promptly furnish a copy of
the permit to Grantee .
SECTION I I I
Grantee Subject to all Powers of
Villager-_Roles Go'verning�P.epair
and�Reeonstruction oY Streets
The exercise of privileges herein granted shall be
subject at all times to all of the powers of the Village and
all regulatory ordinances adopted pursuant thereto . The
Grantee shall not unnecessarily or unreasonably obstruct the
use of or injure any street or alley, and shall within a reason-
able time and as early as practicable upon completion of any
construction or repair work, restore all Village streets and
alleys to the same order and condition as they were before the
excavation was made insofar as reasonably possible , and shall
maintain, repair and keep in good condition for a period of
one year all portions of streets and alleys disturbed by it
or its agents . The Grantee shall be responsible for. any
obstruction or any defect in any street , alley or other public
place caused by it in the operation and maintenance of its
properties occurring at any time and shall promptly remove
any such obstruction or defect . Any such obstruction or
defect which, after proper notice to grantee demanding removal
or repair as the case may be , is not promptly removed or
repaired by the Grantee may be taken care of by the Village
and the costs thereof shall be charged against Grantee and may
be enforced as a lien upon any of its properties or assets .
SECTION IV
Tera of Franchise and Grant
The right, authority and grant herein and hereby made
to said !;grantee , its successors and assigns , is granted for ,
and limited in time to, a period of Thirty (30) years from
the date it takes effect .
SECTION V
Village_Right_to Inspection__of_Gr_antee ' s
Plans , Accounts ,�and rBooks - Grantee to�
Furnish -Maps -' "--___-_
The Village shall have access at all reasonable hours
to all of the Grantee ' s plans , contracts and engineering , ac-
counting , finance , statistical , customer and service records
relating to the property and operations of Grantee within
the Village . The Grantee shall furnish the Village with a
complete set of maps , including plans and profile of the
distribution system of the Grantee and any future extensions .
SECTION VI
Paymentto Village and Filing of
Annual,Z,Tritten_Report wth_the
Village
As consideration for this Franchise and grant said
Grantee , its successors and assigns , during the franchise period ,
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shall pay to the Village the following stipulated percentage
of the gross annual receipts received from all sales of gas
within the corporate limits of the Village through use , opera-
tion or possession of this franchise and grant :
(1) Three per cent (3%) per each year during the
life of this franchise and grant .
S- ch annual payments shall be in lieu of any and all other
fees , charges , licenses or taxes (other than ad valorem taxes)
which the Village may impose for the rights and privileges
herein granted or for the privilege of doing business within
the Village .
The Grantee shall file by March 31 of each year with the
Village a written report for the preceding calendar year ,
verified by the affidavit of the general manager , auditor ,
treasurer , or assistant treasurer of said Grantee , which report
shall contain a statement in such form and detail as shall from
time to time be prescribed by the Village , of all the gross
receipts arising from all sales of gas by said Grantee within
the Village for the calendar year preceding such report , and
at the same time the Grantee shall pay to the Village the
stipulated percentage of the gross annual receipts due for
the year for which said report is made andfiled . The word
"years' as used in this Section VI means the calendar year ,
except for the first year which willcommence on the date
when this franchise and grant is in effect and end on the
following December 31 .
SECTION V I I
GranteeLiability - Indemnification_
It is expressly understood and agreed by and betweenthe
Grantee and the Village that the Grantee shall save the Village
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harmless from all loss sustained by the Village on account of
any suit , judgment , execution, claim, or demand whatsoever,
resulting from negligence on the part of the Grantee in the con-
struction, operation or maintenance of its gas system in the
Village . The Village shall notify the Grantee ' s representative
in the Village within ten (10) days after the presentation
of any claim or demand, either by suit or otherwise , made
against the Village on account of any negligence as aforesaid
on the part of the Grantee .
SECTION VIII
Insurance
Upon acceptance of this franchise by Grantee and before
Grantee shall have any rights hereunder , Grantee shall file
with the Village Clerk a certificate evidencing the insurance
of the Grantee against property damage in an amount not less
than $50, 000 .00 and bodily injury with limits of not less
than $50,000 .00 per person and $500,000. 00 total for each
occurrence ..
SECTION IX
Safety Regulation Compliance
Grantee shall comply with and conform to all safety
regulations promulgated by the Village or any regulatory body
having jurisdiction thereof .
SECTION X
Time Limit In Which to Comply
with Terms of Franchise
Grantee shall have a reasonable time within which to Lay
;as mains and otherwise comply with the terms of this franchise .
SECTION XI
Agreement_not_to Compete_- Reserve
to Village Power—of Eminent—Domain
In consideration of Grantee ' s undertaking hereunder as
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evidenced by its acceptance hereof the Village agrees not to
engage in the business of distributing and selling gas during
the life of this franchise or any extension thereof in com-
petition with the Grantee , its successors and assigns ; but
nothing herein contained shall be construed or deemed to
prevent the Village from exercising at any time any power
of eminent domain granted to it under the laws of the State
of Idaho.
SECTION X I I
Surrender_of Franchise -_Grantee ' s
Right rto�Salvage rafter�posting-Bond
In the event natural gas at any time shall cease to be
available to grantee for the distribution and sale hereunder ,
Grantee reserves the right to surrender this franchise and
in the event of such surrender prior to any expiration or
termination of this franchise , or in any of such events ,
Grantee reserves the right to salvage all of its plants , works
and facilities after posting bond satisfactory to the Village
to insure restoration of Village ' s streets and alleys damaged
by such salvage operation .
SECTION XIII_
Written Acceptance
The Grantee shall within thirty (30) days after the pass-
age and publication of this ordinance file with the Village
Clerk its acceptance of this franchise in writing signed by
its proper officers and attested by its corporate seal .
SECTION XIV
Sale , Assignment_or Lease_of,Franchise
No sale , assignment , or lease of this franchise shall
be effective until it is approved by the Village , provided,
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however , that nothing herein contained shall be construed to
require consent or to prevent the grantee of this franchise
and grant from including it in a mortgage or trust deed executed
for the purpose of obtaining money for corporate objects .
SECTION XV
Right_of�Village toAdditi.onalPayments
_ _ �
In the event the Grantee shall pay any other Village or
city any greater stipulated percentage of gas sales than herein-
before provided the Village shall have the right upon demand
of requiring Grantee to pay for the same period of time such
higher percentage so paid to such other village .
SECTION XVI
Right_of _Village _to_Purchase`Gas_Sytem
At the expiration of this franchise and ;rant , or at
any time during the first six months of the twenty-first (21)
or the twenty-sixth (26) yearef the franchise , the Village , at
its election and upon the payment of the fair valuation to be
made in the manner hereinafter provided , may purchase and
take over to itself the gas system, works , plant and property
of the Grantee in its entirety , as hereinafter defined and pro-
vided , The fiar valuation of said gas sytem, works , plant and
property, within the Village of Chubbuck, Customers Accounts
Receivable and Accrued Unbilled Revenue , shall be ascertained
and determined by a Board of Appraisers composed of three (3)
professional engineers , each of whom shall have had at least
five (5) years experience in the design, construction and
operation of gas works systems in cities , and at least five (5)
years experience in the valuation of public utilities properties
of equal magnitude to that to be appraised , one to be s'lected
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by the Village , one by the Grantee , and the two thus chosen shall
select the third which said third appraiser shall not be other-
raise employed by or connected directly or indirectly with the
Village or the Grantee .
The Village and the Grantee shall bear jointly, share and
share alike , the cost including fees and expenses of the third
appraiser and the cost and expenses of the Board , but the cost ,
including fees and expenses of each of the other two members
of the Board of Appraisers , shall be paid by the party by
or on whose behalf such evidence is introduced .
If the Village elects so to purchase , it shall within such
time give written notice to the Grantee at its office in Boise
Idaho , and at the same time , or within fifteen (15) days there-
after appoint an appraiser_ , and within said time give Witten
notice of such appointment to the Grantee , at its office in
Boise , Idaho . The Grantee shall , within fifteen (15) days
after the receipt of said last notice , appoint an appraiser
and give written notice of said appointment to the Ch,airman
or Clerk of said Village . These two appraisers within thirty
(30) days after service of the last mentioned notice , shall
select the third appraiser and within said time give written
notice to the Chairman of Clerk of said Village and to the
Grantee of such appointment. Said third appraiser shall be
Chairman of said Board . If any appraiser so appointed shall_
die , resign, or refuse or fail to act , the party by
whom he shall have been appointed shall within thirty (30)
days after written demand by the other party appoint his
successor . If the appraiser so dying, resigning orrefusing
or failing to act shall be the third appraiser his successor shall
be selected in like manner . In the event no agreement can be
reached as to the appointment of a third appraiser , he shall be
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appointed by the District Court in and for F! -Ie County
upon application of either party.
The board of three appraiser , when selected , shall forth-
with proceed diligently to inventory and ascertain the fair
valuation of Grantee ' s gas system, works , plant and property,
except Customers Accounts Receivable and Unbilled Revenue as it
existed on the first of the month immediately preceding the
date of the appointment of said third appraiser , and within
ninety (5'0) days after the appointment of said third appraiser
said Board shall file with the Clerk of Chubbuck and with the
Grantee identical written and signed reports of such inventory
and valuation, together with the basis , rule or forumla used by
the Board in arriving at such fair valuation .
The Grantee shall permit the Board at al! reasonable times ,
free and complete access to and examination of all its books ,
records , files , dates and properties , which may relate to or have
any bearing on, or relevancy, for the making of said inventory
and valuation . The Board may make such investigation, and ,
on reasonable notice to the Village and the Grantee , hold
such hearin-s as in the Board ' s discretion may be necessary
for the purposes of making said inventory and appraisemen.t .
Both the Village and the Grantee may be Ixesent at any such
hearing by their officers , agents , or attorneys , and may examine
and cross-examine witnesses and introduce such other evidence
as they desire .
Within thirty (30) days after the filing of such report ,
inventory and valuation as above provided , either or both the
Village and the Grantee may serve upon the other and the chair-
main of said Board written e<;eeptions to all or any part thereof .
The Chairman shall fix a time , which time shall be within thirty
(30) days following the expiration of the time for filing except-
ions giving not less than ten (10) days notice thereof to the
Board members to the Village , and to the Grantee and at siad
time and place or such other time and place in Chu.bbuck,
Idaho , to which the said hearing may be postponed by the
Chairman, the Board shall proceed diligently to hear and
determine such exceptions and the Village and Grantee shall
be entitled to appear , be represented and be heard thereat .
Upon the close of such hearing the Board shall , within thirty
(30) days thereafter , file with the Clerk of Chubbuck, Idaho,
and with the Grantee either identical written and signed state-
mems of any changes or modifications of the report , inventory
and valuation previously made , or at its election revised
report , inventory and appraisement in the same form as provided
for the original , showing such changes and modifications, where-
upon said report , inventory and valuation as so revised , changed ,
or modified shall stand as the Board ' s final report , inventory
and valuation . In the event no changes or modifications are
made by the Board in the report , inventory and valuation pre-
viously made , a written and signed statement to that effect
shall within said thirty (30) days period be likewise filed
with the Village Clerk and the Grantee and appended to the
original report, inventory and appraisement which shall thereupon
stand as the Board ' s final report , inventory and appraisement .
The valuation so fixed by the Board , or by any two members
thereof in accordance with the terms hereof , shall be final
and binding upon the Village and the Grantee and such valuation,
together with the cost to the Grantee of additions to its prop-
erty subsequent to the first of the month preceding the date of
the appointment of the third appraiser , the cost of abstracts
of title or title insurance policies hereinafter required , plus
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the amount of Customers Accounts Receivable , less the sixty
(60) days past due and Accrued Unbilled Revenue of said gas
system and plant as of the date on which payment for Grantee ' s
property is made , shall constitute the fiar valuation of
the said gas system, works , plant and property to be purchased
by the Village and the purchase price therefor ; provided ,
however , that if either party is dissatisfied with the Valuation
there fixed it may appeal to the District Court in and for
Fio.tva�efit-i-l-le County, Idaho , for determination by such court after
trial as by law provided in the case of an appeal from the
Probate Court; or such party may file in the District Court
of B-<"- v+11-e County, an appropriate type of action for judicial
determination of the value of said gas system, with right of
appeal to Idaho Supreme Court after final determination, the
Grantee shall be bound to sell and the Village bound to buy ,
the rantee ' s gas system, works , plant and property for such
purchase price to be paid in lawful money of the United States
of America and on the terms and conditions hereinafar speci-
fied within six (6) months after the Board ' s said valuation
become final , or upon final court determination, or within
any extension of such time for which provision is herein made ,
provided the Village has sufficient funds legally available therefor
within said time . If such funds are not so available
then all right , option and obligations , if any, of the Village
to purchase , and all obligations of the Grantee to sell or
require the Village to buy all or any part of the Grantee ' s
gas system, works , plant and property on such valuation and
purchase price so determined shall be thereby and thenceforth
-released , discharged and terminated .
The Grantee shall , however , and not less than thirty (30)
i days prior to the expiration of the six (6) months period so
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fixed for the payment of such purchase price , submit to the
Village for its approval forms of deeds , assignments , bills
of sale , releases and conveyances , good and sufficient when
executed to convey and transfer to the Village the fee simple
marketable title to all real estate and good title to all the
remainder of Grantee ' s gas system, works , plant and property
included in such sale and transfer , free and cle-r of all encum—
b rances except such as are payable from the purchase price as
hereinafter provided, together with the abstracts of title or
title insurance policies on such real estate , showing such title
to said real estate to be in Grantee . The Village shall within
thirty (30) days after delivery of such instruments and abstracts
make any objection thereto, otherwise the title of Grantee shall
be deemed approved and accepted . In case of any valid objections
the Grantee shall proceed with reasonable diligence to remove
the same . Should valid objections be made and the Village have
funds legally available for the purchase price within the said
six (6) months period limited , or extended therefor , the time
for the payment of said purchase price shall be extended until
all valid objections to such title or titles are removed . Upon
the removal of such objections and the payment of the purchase
price as herein provided, the sale shall be consummated and
possession of Grantee ' s gas system, works , plant and property
so purchased and all books of account relating to the Customers
Accounts receivable purchased , and construction maps , data, and
title policies or abstracts delivered to the Village together
with conveyances duly executed by the Grantee .
The Grantee also agrees that upon full payment or deposit
in trust by the Village of said purchase price in the manner
hereinafter provided , the said gas system, works , plant and
L,
property so purchased shal become the property of the Village by
virtue of this grant and payment thereunder and without the
execution of any instrument of conveyance, but in no event shall
the village have any rights whatever in or to Grantee's gas system,
works, plant and property until such purchase price is paid in full
to Grantee or deposited in trust as hereinafter provided.
Every mortgage, trust deed or other encumbergnce hereafter
created upon the property of the Grantee shall be subject and
subordinate to the Village's right to purchase such property hereunder
free and clear of all such mortgages, trust deeds or other
encumberances as herein provided. If there be no such mobtgage,
trust deed, or other encumberances at the time the purchase price
is payable, it shall be paid to the Grantee: otherwise the Village
shall deposit said purchase price with a bank at Boise, Idaho, in
trust for and to be paid mver to the trustee named in such mortgages,
trust deeds and other encumberances and the Grantee, as their
respective rights may be agreed upon or determined between themselves
without further obligation on the part of the Village. The deposit
of said purchase price in trust by the Village as above provided
shall release and discharge all property so purchased by theVZllage
from the lien of all such mortgages, trust deeds and other
encumberances, but the holders thereof shall also, upon such deposit
in trust being made and upon the Village's demand, execute, acknowledge
and deliver to the Village corresponding releases and discharges
in writing, and any mortgage, trust deed, or other encumberance
hereafter made upon the property of the Grantee shall contain appropriate
provisions requiring the mortgages, trustee, or other lien-holder,
as the case may be, to release from the lien thereof the gas system,
works, plant and property to be sold to the Village in the event of
a sale and upon the Village's compliance with the above provisions
as to deposit of the purchase price in trust.
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Upon the final consummation of the sale and delivery of
possession of Grantee's gas system, works, plant and property to
the said Village and payment of the full purchase pr*ce therefor, as
provided herein, this frnachise and all other gas franchises from
the Village of Chubbuck, Idaho held by the Grantee s#all cease and
become void and of no further force or effect.
The time limited in this section for the doing of any act or
thing may be extended by written agreement of the Village and the
Grantee.
Wherever the phrase gas system, works, plant and property
of the Grantee in its entirety is used in this Sectio XVI, the same
shall comprise and consist of all the gas system, works, plant and
property of Grantee situated within the corporate limits of Chubbuck9
Idaho, as the same nxist as of the date of said Village's Notice of
Election to purchase as provided herin excepting therefrom and the
same shall not include, property neither used nore useful in the
public service, nor cash on hand or in the bank, notes, bonds, shares
of stockt or other securities, nor any accounts receivable other than
Customers Accounts Receivable less than sixty (60) days old as
provided herein and none of said items so excluded from the meaning
of said phrase shall be included in any axle made to the Village, nor
any valuation under the provisions hereof, but the same shall remain
the property of Grantee.
Nothing herein shall be constructed as preventing the sale to
the Village of any or all of Grantee's gas system, works, plant and
property for such purchase price and on such terms and conditions
as may hereafter be voluntarily and mutually agreed upon between
the Village and the Grantee.
SECTION XVII
Publication Costs
The Grantee shall assume the cost of publication of this
franchise as such publication is required by law.
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SECTION XVIII
_Gas Stogie
The Grantee Shall not construct, erect or use any gas storage
facilities in or within three (3) miles of the Village without
first obtaining the written consent of the Village to the erection,
construction and use of such gas storage facilities.
SECTION XIX
For,feiture
Any violation by the Grantee, its vendee, lessee or
successors of the provisions of this ordinance, fratWhise and
grant or any material portions thereof or the failure promptly
to perform any of the provisions thereof shall be cause for the
forfeiture of this franchise and grant and all rights hereunder
by the Village after sixty (60) days written notice to the Grantee
and the continuance of such violation, failure or default; however#
this provision shall not prevent the Grantee from submitting such
question of forfeiture to proper court determination,
SECTION XX
Separability
If any part or parts of this ordi.naczce shall be adjudged by
the courts to be unconstitutional or invalid, the same shall not
affect the validity of any other part or parts hereof which can be
given effect without the part or parts adjudged to be unconstitutional
or invalid, The Village declares that it would have passed the
remaining parts of this ordinance if it had been known that such other
part or parts thereof would be declared unconstitutional or invalid.
.SECTION XXI
R!2peal_
All ordinances and parts of ordinances of Village in conflict
herewith shall be, and the same are hereby repealed.
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PASSED BY THE BOARD OF TRUSTEES `'� L �g 1962
el 4
SIGNED BY THE CHAIRMAN� c G ' F, 1962
Ch Irma
ATTEST:
Village C er
� d h
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