HomeMy WebLinkAboutOrdinance No. 653ORDINANCE N(),
AN ORDINANCE GRANTING TO MONTANi~,-DAKI)TA UTIIJT1 ES CO., ,\ C()RPOIt.kq'ION,
ITS SUCCESSORS AND ASSIGNS, TIlE FRANCIIISE AND [lIGHT TO CONST[~UCT. MAINT'\IN
AND OPERATE wr£11IN ANI) UPON, IN AND IlNDEI~ TIlE STltl,;ETS, ALI,E¥S AND 1)UBI,[C
GROUNDS OF Till,;
A GAS I)ISTII[BUTION SYSTEM FOIl TRANSMITTING AND I)ISTR[BUTFN(~ NATUliA L
MANI:FACTUIIED GAS, Oil A MIXTUI{E OF BOTH, FOIl ALI, I~UBIJC AN1) PR[VATF, [ si.
BE IT ORDAINEI) BY
SECTION I, For convenience, herein, said nnmlcipal corporation is desigmated and re-
f. rrc~l to as "Municlpalit3," ,nd Montana-D~kota Utlliti(,:~ C~u. is destl.mated and referred Io
as "Grantee". Any reference to either includes their respective successors and assig'ns.
SECTION Il. There is hereby granted to Montana-Dakota utilities Co., a corporation,
Grantee, its successors and assigms, subject to the limitations herein stated, the right and
franchise to occupy and use thc streets, alleys ~md public grounds of thc mtmieipality as now,
or hereafter constituted, for the pmx)ose of eonstrucling, maintaining, anti operating, within,
upon, in and trader the same, a gan distribution system for transmitting and distributing
natural or man,fractured g~m, or a mixture of both, for all public ,and private use.
SECTION III. Grantee shall maintain ~ efficient distribution system for furnishing natural
or manufactured gas, or a mixture of both, for public and private ass at such reasonable rates,
m~d under such regulations as may be approved by thc Public Service Commission of thc
wberetn said municipality is located.
SECTION IV. This franchi:~e sh'.dl not be cxehtsive :md shall not he colmtma~i to prevent
the Mmdcipality from granting to uny other party thc right to use the streets, 'alleys, and
public grounds oi the Municipality for like purposes.
SECTION V. The Mtmicipali~y reserves any right it may have, under Its police power,
or otherwise, to control or regulate the use of said streets, alleys and public t.q'ounds by
Grantee.
SECTION VI, Grm~tee shall indemnify and save anti hold thc MunicipaliB' harmhms from
any loss or damage due to the construction, installation and maintenance of its distribution
system, and its Use of the streets, alleys and public gromzls of thy Municipality.
SECTION VII. Gruntee shall have the right to assig'n this franchise te uny party, or
corporation, but all obligations of Grantee hereunder shall be binding upon its successors and
assigns.
SECTION VHI. Within thirty (30) days alter Grantee is notified of passage and final approval
of this Ordinance, Grantee shall file with the clerk or auditor of thc Municipali .ty its writtvn
acceptance of this franchise.
SECTION IX. This franchise shall continue 'and remain ~ fulI force and effect for a pcricd
of twenty-five (25) years from thc date upon which this ordinance Shall become effective :ts
provtdc~d by law.
Passed the 21st day of November ~ , 19 78
Approved this 21st day of NoveMber . . , 19 78
Auditor ~ ' .' Mayor-Chairman
(SEAL OF TIlE MUNICIPALITY)
1936 - 020 - MT