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Minutes 08/11/1959
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Minutes 08/11/1959
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City Council
Meeting Date
8/11/1959
City Council - Category
Minutes
City Council - Type
General
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<br />;4 <br /> <br />AUGUST 11, 1959 <br /> <br />TUESDAY <br /> <br />Grantee used and useful in the production, sale and distribution of gas to <br />the City and its inhabitants. Upon the exercise of this option by the City <br />Council of the City by the service of an official notice upon the Grantee <br />to that effect, and upon payment to the Grantee of the amount of the fair <br />market value of the properties of the Grantee as determined in the manner <br />provided by law for acquiring property under the right of eminent domain, <br />the Grantee shall inunediately execute such deeds or instruments of convey- <br />ance to the City as shall be required to convey to the City title to the <br />property in fee simple, free from any and all liens and encumbrances. The <br />Grantee shall thereupon deliver to the City full and complete possession of <br />the property, together with all maps, plans, contracts and engineering, <br />accounting, finance, statistical, consumer and service records relating <br />exclusively to the property and the operations of the Grantee within the <br />City . <br />Subsection (b). No payment shall be made, at the exercise of this <br />option, by reason of the value of the franchise itself. <br />Subsection (c). It shall be understood that each contract entered into <br />by the Grantee with reference to operations under this franchise and which <br />may extend until the expiration of this franchise, shall be subject to the <br />exercise of this option by the City and the City may be substituted far the <br />Grantee as a party to any such contract any may succeed, at its option, to <br />all the privileges and the obligations thereof. <br /> <br />Section 11. Payment to Municipality. As compensation far the <br />privilege granted hereunder to the Grantee for the use of the streets of <br />the City, the Grantee shall pay to the City each year in lieu of any other <br />permit charge, but in addition to the other obligations imposed under this <br />franchise, an amount equal to Two Thousand Dollars ($2,000) in each of the <br />first ten years of this franchise, Three Thousand Dollars ($3,000) in each <br />of the eleventh to twentieth years (both inclusive) of this franchise, and <br />Four Thousand Dollars ($4,000) in each of the twenty-first to the thirtieth <br />years (both inclusive) of this franchise. <br /> <br />Section 12. Safet~ethods and E~uipment. The Grantee shall at <br />all times employ a high stan d of care an shall install and maintain in <br />use approved methods and devices for preventing fires, explosions, and other <br />failures or accidents which are likely to cause damages, injuries or niusances. <br /> <br />Section D. Plat of Gas Pipes. The Grantee shall promptly after <br />the award of this franchise, furnish the City with a complete and detailed <br />map of its distribution system, and shall thereafter maintain in the office <br />of the Grantee (open to the inspection of the City) a map showing all subse- <br />quent additions and/or deletions to such distribution system. <br /> <br />Section 14. Liability. <br />Subsection (a). Damage Claims. By accepting this Ordimnce and <br />franchise, the Grantee, its successors and assigns, hereby agree to indemnify <br />and save harmless the City, as a municipal corporation, from all loss, cost <br />and expense to 'which the City may be subjected far a:ny damage ar destruction <br />that may be done to or suffered by anyone in person or property for which the <br />City may be held to be liable by reason of any negligence on the part of the <br />Grantee, its agents, servants ar employees, provided nothing herein shall be <br />construed to relieve the City of negligence on the part of its agents, <br />servants or employees. <br />
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