HomeMy WebLinkAbout1957-65 AN ORDINANCE Q THE CITY OF IIEIDIAN, IDAHO GRANTING TO
INTERMOUNTAIN GA5.,01PANY A THIRTY (30) YEAR FRANCHISE TO
CONSTRUCT , MAINTAIN, AND OPERATE A GAS TRANSMISSION AND
DISTRIBUTION SYSTEM.:: PROVIDING FOR THE USE OF STREETS AND
RMS GOVERNING THE SAIV;E; SUB&CTING- IME TRAM TEE TO ALL.
POWERS OF THE CITY:. SETTING FORTH THE RULES GOVERNING
REPAIRS AND RECONSTRUCTION OF THE STREETS: PROVIDING FOR
THE TERM OF THE FRANCHISE AND GRAN. : PROVIDING rOR THE
RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS,
ACCOUNTS , AND BOOKS:. REgU7h1NG GRANTEE TO FURNISH CERTAIN
LAPS SETTING FORTH THE ANNUAL PAYIENT TO THE CITY, AND THE
FILING OF ANNEAL iEPORTS WITH THE CITY: REQUIRING GRANTEE
TO IMINIFY CITY, AND FILE EVIDSNCE OF INSURANCE* REQbIR-
ING =PLIANCE WITH SAFETY REGULATIONS: SETTING TIkE LIUIT
IN WHICH TO CQIPLY WITH FRANCHISE: SETTING FORTH AN AGRLE-
LEltrT NOT TU COMTE, RESERVING PGWER OF EbtINENT MAIN:.
PRCVIDING FOR SURRENDER OF FRANCHISE: GRANTIM RIGHT OT
SALVAGE AFTER POSTING BOND: REQbIRING WRITTEN ACCEPTANCE:
YNOVIDING FOR CONSENT TO SALE , ASSIGNIENT OR LEASE: SETTING - - - `-
FORTH CI`1'Y'S RIGHT TO ADDITIONAL PAYIENTS: RUVIDING FOR THE
PURCHASE BY THE CITY AT ITS ELECTION OF THE GRANT —SIS GAS
SYSTM, WORKS, PLANT ANll] PROPERTY WITHIN THE CORP&ATE LIMITS OF IERIDIAN, IDAHO, WITH THE Z CEPTIuN OF PROPERTY NSITHER -
USED ROR USEFLL IN THE PUBLIC S RVICE, CASH ON HAND UR IN
BANKS , NOTES ; BONDS , SHARES OF STOCK, OR O'ThER SECURITIES ,
AAD ANY ACCOUNTS RECEIVABLE OTHER Tl-:AF CUSTOIRS ACCOUNTS
RECEIVABLE LESS THAN SIXTY (60) DAYS OLD:. THE MANNER, METRO,
TERMS , AND CONDITIONS THEREOF 9 AND FOR THE RELEASE OF PROPETY _
SO PURCHASED FROL kORTGAGES , TRUST DKIDS AND OTHER ENCUMANCES:
PROVIDING FOR THE APPOINTLENT OF A BOARD OF THREE (3) APPR ISERS
TO 1AKE IVVEI'tiTORY AND VALUATION, AND THEIR QUALM"ICITIONS,.
I'uwwhS, AND DUTIES:: PROVIDING FUR THE D TER INATICN Li SAID
APPRAISERS OF THE PURCHASE PRICE TO BE PAID BY THE CITY, AMID
RIGHT OF PARTIES TO SUMT iLE,STION TO COURT DETERIINATIOX:.
THE PAYI NT OF SUCH PURCHASE PRICE AND TIE CUNVEYAV CE AND
DELIVERY OF POSSESS ION OF THE PROPERTY 30 PURCHASED: THE TEFt<i-
ATION OF THIS AND ALL OTHER GAS FRANCHISES HELD BY GRAI`TEE FROX
k&RIDIAN UPON FINAL CONMIATION OF SUCH SALE, DELIVERY OF
POSSESSIOL TO ThE C:iTY AND PAYIti 1NiT OF hE FULL I•'LiHCHASE PRICE:
PROVIDING ThAT NOTHING IK T: IS ORDINANCE BE QQVS'.I`hUh D AS PltE-
VENTIM THE SALE TO Thi CITY OF GRAD T'EE'S GAS SYSTE10 VMS $
PLANT AID J PROPERTY BY VOLUNTARY AND UUTiAL AGREEIENL S BETW ;,'c�N
ThE ,CITY AID THE GRANTEE: PROVIDING FOR PAYiV;M OF PUBL:CCATIGN
COSTS :: PROVIDING FOR CITY'S GONSENT TO GAS STORAGE FACILITIES:
SETTING FORTH PENALTiIS AID r'O1`FEITtRES, SEPARABILITY$ AND
REPEAL.
BE IT ORDAINED E: 'THE 1AYOh AND COUNCIL OF MERIDIAN, IDAHO.
SECTION 1.
GRANTS OF AUTHORITY
There is hereby granted to intermountain gas company,
a corporation, its successors and assighn (hereinafter collectively
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 corpar ate limits of the City
of ne ridian, Idaho, (hereinafter referred to as "Gi.ty" ) for the
furnishing, transmissdon, distribution and sale of gas , whether
artificial, natural, mixed or otherwise, for heating, domestic,
industrial aad other purposes and for transmitting gas into, through
and beyond said city.
SECTION II
USE OF. 3 REETS A D ROLES GOVRMEG Sidi,,
Gran tee shall secure a permit for my opening it shall make
in the streets, alleys and public places in the city and snail be
�aect. to. all applicable ordipAgcea , but . no fee shall be required
of Prantee for any such pe ait. The location ar relocation & all
facilities shall be made under the supervision and x1 th the approval
of suc'-_ rep eseptgtivestascthe gover._i,ng body of the City mqy designate
for such purpose, but not so as unreasonably to interfere with the
propE r operation of Graa tee 's facilities and s wrvice . Whenever
the city shall pave or repave any street or shdL 1 change the grade
or line of any street or public place a7 shall construct or
reconstruct any conduit, Water maLn, sewer or water connection
or other city public Wks or utility, it shall be the duty of
the Grantee when so ordered bar the City to change its matins,
services and other property in the streets ar public places at
_U_cfJ_naff e. lvo va t.tJ!!L •u G!JI
its cwn expense so as to conform to the established grade or
line of ich street or public place and so as not t interfere
with the conduits, sewers and other mains of the Gi by- as con-
structed or reconstructed;: however, the Grantee shall not be
required to relocate pipes, maws and appurtenances when the
street , alley or public ground in which they are located is
vacated for the convenience of abutting proprty owners and
not as an incident to a public improvement, unless the reasonable
cost of such relocation and the loss and expense resulting thare
from Is. first paid to Gran tee. Whenever the City grants a per-
mit for an excavation in a street., alley a° other public ground
and the work contemplated by the permit mev expose gas pipes,
mains and appurtenances of the Grantee, the City shall promptly
furnish a copy of the permit to Grantee.
SECTION III
GRANTED SbJDJ CT TO ALL PUNQ3 OF
CITY - RULES GOVERNING RSPA R AND
RECONSTRUCTION OF STREETS
The exercise of privileges herein granted shall be subject
at all times to all of the pc,°rers of the City and all regulatory
ordinm ces adopted pursuant thereto. The Grantee shall not unneces-
sarily or unreasonably obstruct the use of or damage any street
or alley, aid shall within a reasonable time and as early as practi-
cable upon completion of any construction or repar vc rk, restore -all
City streets and alleys to the same order and condition as they
were before the excavation was made insofar as reasonably possible ,
and shall maintain, repa6r and keep in good condition for a period
of one year all portions of streets and alleys disturbed by it ter
its agents. The Grantee shall be responsible for a-iy obstruction
or Eny 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 siy such obstruction or defect.
Any sa ch obstruction or defect which, after prone r notice to. Graf tee
demanding removal cr repair as the case may be, is nor promptly
removed or repaired by the Gran tee may be taken care of b . the
City End the costs thereof shall be charged against. Gratee and
may be enforced as a lien upon an y of its prone riies or assets .
SECTION IV
TERD, OF FRANCHISE AND GRANT
The right, authority and gran t herein and hereby made to
said Grantee, its successors and assigns , is granted fa�, and
limited in time to, a period of thirty (30 ) years from the date it
tale s effect.
SECTION V
CITY RI GrLT TO I .SPEGTL)N OF
GRANTEE'S PLC 3, AC C OURTS
AND �COKS - GRANT E TO
FURNISH CERTAIN LiAPS
The City shall have access at all reasonable hours to all
of the Grantee 's plans , contracts and engineerirg , accounting,
finm ce, statistical, customer and service records relating to the
property ai d operations c" Grantee within the City. The Gra-i tee.
shall furnish the City with a complete set of maps , includLng plans
and profile of the distribution system of the Grantee and ay future
extensions.
SECTION VI
PAY&= TO CITY AND '+ILING OF L%1,,'Lr,L
WRTTTEX REPORT WITH TH.E CITY
as consideration for this franchise and grant said Grantee,
its successcr s and assigns , during the franchise period, shall pay
to the CSty the following stipulated percentage cf the gross annual
receipts received from all sml.es of gas within the corper ate limits
of the City through use, operation cr possession of this franchisee
and gran t.
(1) Three percent (3Y) per each year du ri rig the life of this,
franchise and gran t.
Such annual payments shall be in lieu of si y and all other
fees., charges , licenses or taxes (other than ad valorem taxes )
which the City aV impose for the rights and privileges herein
granted or for the privilege of doing business vathin City.
The Grantee shall file by larch 31 of each year v th the
City a written reptr t for the 7 eceding calendar year, verifl.ed
by the affidavit of the genexal Manager, audtor, treasurer, or
assistant treasurer of sal d Grantee, which repay t shall contan a
statement in such form and detail as shall from time to time be
prescribed. by the City, of all the gross receipts arislig from all
sales cr gas by sal -I Grantee within the City for the calendar year
precedir_g such report, and at the same time the Grantee shall pay
to the Gity the stipulated percentage of the gross annual receipts
due for the year for ?Mich said report is made and fild. The word
::j�$ Ordinance No 85. Gon'td
year as used in this Section VI means the calendar year, exce-t
cr the first yea,-! 'hich will commence an the date when this
ranchise and grat't" is in effect and end on the follo7tng Deco`mber 31.
330TION VII
aEANTEE LIABILITY - INDEUNIFICATION
It 3s. expressly understool and agreed . by m-d between the
-rantee and the City that the Grantee shall save the Gi.ty harm3e s s
'rots all loss sustained by the City on account of any suit, judgment.,
xeeution, claim, or demand whatsoever, result-ing from negligence
n the fart of the Grantee in the construct��on, operation or main-
enal ce cC its gas system in the City. The City shall notify the
%rai Lee 's representative in the City within ten (10) days after the
presentation of any claim or demand, either by suit cr otherwise,
lade against the City on account of any negligence as aforesaid on
,he pm rt of the Grantee.
SECTION Vill
I NSURiZ CE
L'non acceptax.ce of this franchise by Grantee and before
grantee shall have any rights hereunder, Grantee s all file with
;he City Clerk a certificate evidencing the insurance of the Grantee
cgainst property damage in an amount not 1r ss than 450,000.00 and
)odily injury with limits cf not 1ess, than 050,000.00 per IB rson and
i000,.000.00 total for each occurrence.
SECTION IX
SAFETY hk;G_ ULATION COkPLIANCE
Grantee shall comply with and conform to all safety regulations
)romulgated by the City cr any regulatory body having jurisdiction
;hereof.
SECTION X
TIME. LIUIT IN WhICH TO 00.1 iLY
WITH. TM I OF FRANCHISE,
Grantee shall have until August 1, 1957 within which to
AsY gas mains and to otherwise comply with the terms of this
'ranchis e , unless such time is e,-te.rderl In,, tho Gity.
SFCTI0N::Ya. :: -
AGR9E NT NOT TO COMPETE
RESFR TO CITY PU4ER CF E " NENT DOMAIN
In consideration cr Grantee 's undertaking hereunder as
.videnced by its acceptcn ce hereof the City agrees. not to engage
.n the business. of distributing, and selling gas. during the life
?f this: franchise cr any extension thereof in competition with
;he grantee its successors , and assighn,• but nothing herein can-
;atned shaii be construed or deemed to prevent the City from .
.xercising at any time any power cif eminent domain gra7 ted to it
xnder the Brs of the State of Idaho .
SECTION XII
SQFtENDER CF FRANCHISE GRANTEE'S.
RI GHT TO SALVAGE -MR P06TTT-G BU10
In the event natural gas at y tiMe sahll cease to be _
available to Grantee for the distributior and 'saL a hereunder,
xrdntee reserves the right to surrender this franchis e and in
;he event of such suprender prior to any expiration cr termination
;£ this franchise or in my of such events, Grantee reserves the
.ight to salvage all' of its plants, works End facilities. after
>osting bond satisfactory to the City to insure restoration of
:it ,r's streets aria aL ae vs damaged by svch salvage operation.
--SEC�TIG�::3uII
BITTEN ACCEPT=E
The Grantee shall within thirty days After the
rassage and publication of this. ordinance file with the City
:Terk its acceptance of this franchise in writir:g signed by its.
)roger officers and attested by its corparate seal„
SECTION XIV
ASS I GT I CE,,�P.r CR L ,r E CF FRAIv;C h-JSE
Na sale, assignment, or lease of this franchise shall be
affective until it is approvdd by ghe alty, provided, however, that
lothing herein contaL ned shall be construed to require consent or
;o prevent the Grantee of this franchise and grant from incluct ng
.t in a mortgage or trust deed executed for the purpcs e of.
abtaining money for corper ate objects .
SECTION XV
RIGHT OF CITY TO ADDS'TIc NAL YAY!di TS
In the event the Grantee sha 1 pay any other Gity -jay
>reater stipulated Percentage of gas smles: than hereinbefore
irovided the City shall have the right upon demand Of requtri,ng
,rantee to pay for the same p?riod of time such higher prrcen-
'ages so pal d to such other city.
SECTION XVI
RIGHT OF CITY TO puROFASE C;AS �Y6TEL
At the expiration of this franchise and grant, or a� any
Lwdinai ce No. db Gont 'd G0Zi
time during the .-.first 'stx months :of::tha -twenty-_�i.rst (21) or the
twenty. �xth (26 ) year .of this franchise or the th tieth (30) -
year dur-ing the term of this .franchise, the City, at its election
and upon the payment of the fair valuation to be made iii the manner.
hereinafter. provided, may purchase and take over to itself the
gas: system, works , plant and property of the grantee in its en-
tirety, as hereinafter defined and provided. The fair valuation
of said gas system, m rks , plant and property, v& thin the City
of Meridian, Idaa o, Customers Accounts Receivable and Accrued
Unbi.lL- d Revenue, shall be ascertained and determined by a board
of Appra9. sees 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 selected by the City, one by the Grantee , m d the two
thus chosen shall select the third which said third appr3i ser shall
not be otherwise employed by or connected directly cr indirectly
with the City or Grad tee.
The C-ity 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 , includinE
fees and expenses of each of the other two members of the board
of appraisers , shall be paid by the Party by or on whcm behalf
such evidence is introduced.
If tr City elects. so to purchase, it shall. withln such time
give written notice to the Grantee at its office in Bow , Id,,t o,
and at the same time , or within fifteen (15 ) days thereafter appoint
an appriaser, and va thin _3at d time give written notice cf such
appointment to the Grantee, at its office in Boise , Idaho . . The
Grantee shall, within fifteen (15) dey s after the receipt of sad
last notice, appoint an appraiser and give written notice of sad
appointment to the bwor or Cllerk of said City. These two appraisers
within thirty (30) days after service of the last mentioned Notice ,
shall select the third appraiser and within said ti:;.e give written
notice to the layor or Clerk of said City and to said Grantee of
such appointment. Said third appraiser, shall -be Chairmen of said
Board. If any appraiser so appointed shall die, resign, or refuse
or fall 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 succesw r. If the appraiser so dying, resigning
or refusL ng or failing to act shall be the third appraiser his
successor shall be selected in like manner. In event no agreement
can be reached as to the appointment of a third appraiser, he
shall be appointed by the Diskrict Court in aid for Ada County
upon application of either party.
The board of three appraisers , when selcted , shall forthwith
proceed diligently to inventory and ascertain the fair valuation
of Grantee 's gas system, works , plant and property, except Custo-
mers Accounts receivable and Unbilled Revenue as it existed on the
first of the month immediately preceding the date of the appoint-
ment of said third appraiser and within ninety (90 ) days after
the appointment of sm d thiM appraiser sai d Lloard shal I file Y& th
the Clerk of Ueridiai , and with the Grantee identical written and
signed reports cf such inventory and valuation, togeth�-r with the
basis, rule or formula used by the Bm rd in arriving at sa ch fa&r
valuation. Provided that the value of this franchise and grant
shall not be considered or taken into account in fixing such
valuation.
The Grantee shall permit the Board at all reasonable times ,
free and complete access to and examination of as its books, records ,
files, dates and properties, which may relate to or have any
bearing on, or relevancy, for the making of sad inventcry and
valuation. The Board may make such investigation and, on reasonable
notice to the City aid the Grantee , hold such hearings as in the
Board 's discretion may be necessary for the purposes of making
said inventory and appraisement. Both the City and the Grantee
may be present at *any such hearing by their officers , agents , or
attorneys, and may examine and cross-eXami-re witnesses grid
introduce such other bvidence as t _ey desire.
Within thirty (30) days after the filing of such report,
inventory and valuation as above ?provided, either Cr- both the City
and the Gran tee may serve upon the other and the Chairmac al' said
hoard written exceptions to all or my part thereof. The Chairman
shall fix a time , which time shall be within thirty (30) days following
the expiration of the time for filing exceptions giving not lbs than
ten (10) days notice thereof to the Board members to the City -anal :to
the Grantee and ,at said time and place or such other time and place
in leridiaz , Id€ o, to which the said hearing may be postponed
by the Chairman , the -board shall proceed diligently to hear and
40 Ordinance No 85. Cont Id '
ctermine such excPntions and the City and Grantee shall be entitle d
o appear , be represented and be heard thereat.
Lipnn the close of such hearing the Board shall, within thi ty
30) days thereafter, file with the Ole rk of Lerida_m , Sdario, and
ith the Grantee either identical written and sign--.d statements of
my changes or modifications of the repro t, inventory and valuation
revi.ously made, or at Its- election revised reper t, inventory m d
,ppraisement in the same form as provided for the original,
bowing such changes and modifications, whereupon said report,
.nventory and valuation as so revi.s.ed, changed, or modified sha11
hand as- the Hoard 's final report, inventory and valuation. In
she event no changes or modifications are m de by the board in
,he report, inventory and valuation previously made , a written
Lnd signed statement to that effect shall w,ithi.zi slid thirty (30) days
)eriocl be likewise filed with the City Cork and the Gral tee and
Lppended to the original report, inventory and appraisement which
;hall thereupon stand as the Board 's final report, inventory and
tppraisement.
The valuation so fixed by the board, or by any twc members
Thereof in accordance, with the terms hereof, shall be fir-al and
)inding upon the City and the Grantee and such valuation, together
a th the cost to the Grantee of additions to its prolerty subsequent
;o the first of the month preceding the date of the appointment of
;he third aDpraiser, the cost of Rbatracts of title ar title insurance
policies hereinafter required, plus the amount of Customers
%ccounts receivable, less the sixty (60) days past due end Accrued
:hZbilled Revenue of said gas system and plant as of the date on
which payment for Grantee 's property is made , shall constitute the
Fair valuation of the said gas system Yorks, plat and property
to be purchased by the City and the purchase price therefcr ;
oro-Vided , however, that if either party is dissatisfied with the
valuation therefixed., it may appeal to the Distri at Court in and Dx
Ada 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 cf Ada County, an
appropriate type of action for judicial determination of the vane
of said gas system, wj_th right of appeal to Idaho supreme Court.
After final determination, the Grantee shall be bound to sell
and the City bound to buy, the Grantee 's gas system wa.rks, plant
and prole rty for such purchase rr ice to be paid in lawful, money of
the United States. cf America and on the terms and conditions
herei.nsfter specified within six (6 ). months after the Board's said
valuation becomes final, or. upon final court determination, or
`ni thin. any extension of such time for which provision is herein
made, provided the City has sufficient funds legally available
therefor within said time , If sa ch funds are not so available then
all right , option and obligations , if any, of the City to purchase,
and all obligations of the Grantee to sell or require the City to
buy all or az y part, of the Grantee 's gas system, works, Plant and
property on such valuation and purchase =ice so determined shall
be thereby and thenceforth released, discharged and terminated.
The Grantee shall, however, and not less .than thirty (30)
days: prior. to the expiration of the six (6) months period so fixed fcr
the payment of- said purchase price, . submit to the City for its appro-
val forms of deeds , assignments, bills of sale releases and
conveyances , good and stifficient when executed to convey and transfer
to the Gity the fee simple marketable title to all real estate and
good title to all the remainder of Grantee 's gas system, works
and property included in such sale and transfer, free and clean ant of_
all encumbrances except such as are payable from the purchase
Price as hereinafter provided , together with the abstracts of title or
title insure'; ce policies on such real estate sh i
said real estate to be in Grantee- The Gity�shallwthinng h(30) dots
after delivery of such instruments and abstracts mak., an o
thereto, otherwise the title of Grantee shall be deemed approvedin
and accepted. In case of mly vaL id objections the Grantee shall
valid object.proceed with re
asonalbe diligence to remove the same Should
tions be made and- the City hare funds legally available
for the purchase price within the maid six 6
ths
or extended therefor, the ,time for the payment ofrsaidpveurcd limited ,
Price shall be extended until all vaL id objections to suer title or
titl s are removed . Upon the removal of such abjcet5_ons and the
pa�Tment of the purchase price as herein
be consuMaUed and possession of Grant• epsovfded , the sale shall
plant and property so _ gas system, works.
to the Customers purchased and all books of account role tir�g
maps data Accounts receivable purchased , and construction
together withnconvee policies cies or ebs racts delivered to the City
in s.t The Grantee Also a=°r e5. that u d by the Grantee.
y the City Pon full payment or de
Y said purchase price in the manner hereinafter
fter
ura finance NO, bO k.XnZ 'Q, - G-t L
provided, the said gas system, works , plant and prope rt.- so
purche '. small become the property of the City by 1rtue of this
grant artd payment thereunder and without the execution of any
Instrument or conveyance ,. but in no event shall the City 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 encumbrance hereafter
created upon the property of the Grantee shall be subject and
subordinate to the City 's right to purchase such property hereunder
free and clear of all such mortgages:, trust deeds or otle r.• uncum-
brances. as herein provided , If there be no such mortgage , trust
d:3ads or other encumbrances at the time the purchase price is
payable , it shall be paid to the Grantee;: otherwise the City shall
deposit said purchase price with a bank at Bo.-ise , Ida;.o, in trust
for and to be paid over to the trustee nar. `d in such mortgages,
trust deeds acid other encumbrances and the Grantee , as their
respective rights may be agreed upon or determined between
themselves without further obligation on the part . o.f the- -':*t-r
depcs it of said purchase price in trust by the City as „ocv-e Fri ided
shall. release and discharge all property so purchased by the C �z
from the lien of all such mortga$es,trust deeds and othsx- encuit
brar_ces , but the holders thereof shall also, upon g ch deposit: it
trust being made and upon the City 's demand , execute, aaknowled�c6
and deliver to the City corresponcng releases and discharger in
writing, and any mortgage , trust deed , or other encu bi•Lr se
hereafter nade upon the prop? rty of the Grantee shall 'i: tain
appropriate provisions requiring the mortgagee, trustee , ar 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 City
in the event at a sale and upon the City's con-pliance with the above
provisions as to deposit of the purchase price in trust.
Unon the final consummation of the sale and delivery e i
possession of Grad tee 's gas system, works, plant and property to
the said City and payment of the full purchase pc ice therefor , as I
provided herein , this franchise and all other gas franchises from
the City of leridia? , Idaho, held by the Grantee shall 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 t!ae City erid the Grantee,
Whenever the phrase "gas system, works , plant acid property ,
of the Grantee in its entirety" is used in this Sectien XV1, the same
shall comprise and consB t at' all the gas system, works, plant
and property of Grantee situated within the corporate limits of
Meridian, Idahho, as the sar: a exist as of the date of said City 's
Notice of Election to purchase as provided herein excepting; therefrom
and the same shall not include , property neither used ncr useful in
the public service , ncr casts on hand or In bank, notes , bonds,
shares c' stock, or other securities , nor Wy 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 phz-ase shall be included in ay sale made
to the city, nor any valuation under the provisions hereof, but the
same shall remain the property of the grantee,
nothing herein shall be construed as preventing the sale to
the City cf any or all of Grantee 's gas system, works , plant x d
property for such purchase price and on _'L ch terms and conditions
as may hereafter be voluntarily and mutually agreed upon between
the City and the Grantee,
SECTION XVII
PUBLICATION COSTS
The Grantee sha 1 assume the cost of publication of this
franchise as such publication Is required by law.
SECTION XVII
GAS STORAGE
The Grantee shall not construct, erect or use any gas storage
facilities in or vd thin three (3) miles of the City without first
obtaining the written consent of the City to the erection, constructioi
and use of such gas storage facilities..
SECTION XIX
FORFEITURE
Any violation by the Grantee, its vendee, lessee cr success rs.
of the provisions of this ordinance, franchise and 7r•ant or any meterL
portions thereof cr the failure promptly to pe rfcrm any of the
provisions thereof shall be cause fcr the forfeiture cf this franchise
and grant and all rights hereunder by the city after sixty (60) dws
written notice to the Grantee aid the continuance- of sa ch v�.olat3,on,
failure cr default; however, this
Grantee from submitting Provision shall not prevent the
determination. g such quests cn of forfeiture to proper court
242 Ordinance ho. bo �,on-G ,a
SECTION XX
SEPAhAEILITY
if any part ar parts of this ordinance shall be ad judged-p
,he courts to be unconstitutional cr invalid, the same shall not
affect the validity of any other part- or parts hereof .,u ich can be
riven effect without the part or parts adjudged to be unconstitutional
)r invaL id The City declAres: that it would have pas s.ed the remaining
)arts- of this ordinance if it had been known that such other part or
)arts thereof would be d unconstitutional or invalid.
REPEAL
All ordinances, and parts 7f 'ordlmn ces of City in conflict
Zerev& th shan be, and the same are herebyrepealed.
PASSMD EY THS CITY COUGIL, JAIZARY 79 1957.
610M ,D BY THE MAYOR, J ANLARY .7 1957.
yor
a ty Clerk