HomeMy Public PortalAboutOrd 004 Franchise Gas Service
ORDINANCE NO.
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AN ORDINANCE granting to The Gas Service Company, a
corporation operating a gas distribution system in the City
of Bel Aire, State of Kansas, its successors and assigns,
a franchise to operate a natural gas distribution plant and
system in said City and vicinity.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
BEL AIRE, KANSAS:
SECTION 1. That there is hereby granted to The Gas
Service Company, a corporation operating a gas distribution
system in the City of Bel Aire, herein called the Grantee,
its successors and assigns, the right, privilege and franchise
for a period of twenty (20) years from the effective date
hereof, to construct, maintain and operate in the present and
future streets, alleys, bridges and public places in said City,
its gas distribution system as now located, together with the
right, privilege and franchise to acquire, construct, main-
tain and operate therein and thereon such additions and exten-
sions thereto as may be necessary or desirable, all for the
purpose of supplying natural gas for all purposes to the
inhabitants of said City and consumers in the Vicinity thereof.
SECTION 2. All rates established and charges made by
Grantee for gas distributed and sold hereunder shall be sub-
ject to valid and lawful orders of the State Corporation
Commission of the State of Kansas or other competent authority
having jurisdiction in the premises and the sale of gas to
consumers shall be governed by the present operating rules,
regulations and customs of Grantee and such rules and regu-
lations as may hereafter be prescribed and approved.
SECTION 3. That in consideration of and as compensa-
tion for the right, privilege and franchise hereby granted,
the Grantee, its successors and assigns, shall furnish gas
at such pressure and of such quality as shall be designated
by lawful orders of the State Corporation Commission of said
State, if such gas is reasonably procurable; shall furnish
free of cost to each consumer a recognized standard meter or
other instrument for measurement of gas sold or computation of
consumer's bills and keep same in repair at its cost, which
meter shall at all times be the property of the Grantee but
subject to inspection by said City; shall at all times save the
City harmless from any and all damages which said City may be
liable to pay that may arise from the construction, maintenance
and operation of its plant system or any part thereof; shall
limit all excavations of streets, alleys or public places to
the necessities of efficient operation and shall not at any
one time open or encumber more of any highway or public place
than shall be reasonably necessary to enable Grantee to pro-
ceed with advantage in laying or repairing mains or pipes and
shall not permit such highway or public place to remain open
longer than necessary for the purpose for which it was opened;
shall refill all excavations and replace all pavement with like
material and leave same in as good condition as when altered
or removed; shall perform all work on streets, alleys and
public places under supervision of a representative of said
City if so desired; and shall repay said City all expense to
which it has been put in the repair or replacement of streets,
highways or pavements in the event such work is done by said
City after the neglect or refusal of Grantee to perform same
in reasonable time.
SECTION 4. As a further consideration for the rights,
privilege and franchise hereby granted and in lieu of all
occupation and license taxes, the Grantee shall not later
than February 1st and August 1st, respectively, in each year
make a report to the governing body of the City of Bel Aire
of its gross receipts from the sale of gas for all purposes
within said City f?r the six months' period ending at the
last meter reading preceding December 31st and June 30th,
respectively; and at the time of making such report, pay
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into the City Treasury a sum equal to five (5%) percent of
said gross receipts from the sale of gas for domestic pur-
poses, and one (1%) percent of its gross receipts from the
sale of gas for industrial purposes, which shall have accrued
subsequent to the effective date of this franchise. Industrial
sales shall be considered as those made under special contracts
providing for stand-by fuel and interruption of service at any
time demands of domestic consumers may so require.
SECTION 5. That none of the privileges granted by this
Ordinance shall take effect or be in force until after the
expiration of sixty days from the date of its final passage
and until Grantee, its successors and assigns, shall file
within said sixty days with the City Clerk of said City, a
written Acceptance of the provisions hereof; and after the
expiration of sixty days if no Acceptance as hereinbefore
provided has been filed, then this Ordinance shall ipso facto
cease and become null and void.
SECTION 6. That this Ordinance is made under and in
conformity with the laws of the State of Kansas and shall
take effect and be in force as
PASSED THIS /-si'~ day
,
::ere~ed.
, 1981.
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MAYOR
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CITY CLERK
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