Georgetown Idaho

ORDINANCE #23

AN ORDINANCE GRANTING TO IDAHO NATURAL GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS (HEREINAFTER COLLECTIVELY REFERRED TO AS “GRANTEE”) FOR A PERIOD OF THIRTY (30) YEARS FROM THE DAY IT TAKES EFFECT, THE FRANCHISE AND RIGHT TO CONSTRUCT, INSTALL, MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM AND APPURTENANCES, AND USE THE STREETS, ALLEYS, ND OTHER PUBLIC PLACES WITHIN THE PRESENT AND FUTURE CORPORATE LIMITS OF THE VILLAGE OF GEORGETOWN, IDAHO, (HEREINAFTER CALLED (“MUNICIPALITY”)  AND TRANSMITTING GAS INTO, THROUGH AND BEYOND SUCH LIMITS, SAID FRANCHISE AND AUTHORITY TO BE NON-EXCLUSIVE, AND PRESCRIBING THE TERMS AND CONDITIONS THEREOF; PRESCRIBING THE TIMES FOR COMMENCEMENT AND COMPLETION OF CERTAIN WORK HEREUNDER; PROVIDING FOR THE PAYMENT TO MUNICIPALITY DURING THE LIFE OF SAID FRANCHISE OF STIPULATED PERCENTAGES OF THE GROSS ANNUAL RECEIPTS RECEIVED FROM THE USE, OPERATION OR POSSESSION OF THE FRANCHISE, SPECIFYING THE AMOUNT OF SUCH PERCENTAGES AND REQUIRING GRANTEE TO FILE WITH THE MUNICIPALITY’S CLERK ANNUAL REPORTS OF ITS GROSS RECEIPTS AND SPECIFYING THE TERMS, CONDITIONS AND CONTENTS THEREOF; PRESCRIBING THE METHOD, MANNER AND PROTECTION OF WORK UNDERTAKEN OR DONE BY GRANTEE HEREUNDER IN THE STREETS, ALLEYS AND OTHER PUBLIC PLACES AND FOR REPAIR OF DAMAGES DONE BY GRANTEE, AND FOR GRANTEE’S INDEMNIFYING SAID MUNICIPALITY FOR ALL LOSS OR DAMAGE SUFFERED BY IT CAUSED BY GRANTEE HEREUNDER; PROVIDING FOR FILING EVIDENCE OF INSURANCE AGAINST PROPERTY DAMAGE AND BODILY INJURY; REQUIRING GRANTEE TO CONFORM TO CERTAIN ORDINANCE PROVIDING THAT GRANTEE’S  RATES AND REGULATIONS SHALL BE SUBJECT TO DULY CONSTITUTED GOVERNING BODY OR BODIES, AND THAT GRANTEE COMPLY WITH ALL REGULATIONS PROMULGATED BY SUCH BODY OR BODIES PROVIDING THAT NOTHING IN THE ORDINANCE SHALL BE CONSTRUED TO PREVENT SAID MUNICIPALITY EXERCISING RIGHT OF EMINENT DOMAIN AND THAT SAID MUNICIPALITY SHALL NOT ENGAGE IN THE BUSINESS OF SELLING GAS IN COMPETITION WITH GRANTEE; RESERVING TO GRANTEE THE RIGHT TO SALVAGE ITS PLANT, WORKS AND FACILITIES IN THE EVENT OF EXPIRATION OR TERMINATION OF FRANCHISE OR UNAVAILABILITY OF GAS; PROVIDING FOR THE FORFEITURE OF THIS FRANCHISE AND THE GROUNDS, MANNER, TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE ACCEPTANCE OF THIS FRANCHISE AND GRANT BY THE GRANTEE AND THE TIME, MANNER AND EFFECT THEREOF; PROVIDING FOR THE ASSIGNMENT OR OTHER ALIENATION OF THIS FRANCHISE, OTHER THAN BY MORTGAGE OR TRUST DEED EXECUTED FOR THE PURPOSE OF OBTAINING MONEY FOR THE CORPORATE OBJECTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND SPECIFYING THE DATE OF WHICH IT SHALL TAKE EFFECT.

BE IT ORDAINED, by the Chairman and Board or Trustees of the Village of Georgetown, Idaho:

See original Ordinance