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Home My WebLink AboutD-13 Ind. Gas Distr Franchise AN ORDINANCE grantio~ to Indiana Gas Distribution Corporation the right to use the streets, alleys, ways and 'public grounds of the Tovm of ~' of ~'~ County, Indiana. on the day Indiana Gas Distribution Corporation did request that the Board of Trustees of the To~wn of ~~_, of~~_~County, Indiana, grant a franchise to said Indiana Gas Distribution Corpor- ation to use the streets, alleys, ways and public grounds of said Town, and said Board on said day did by its resolution fix and de- termine the exact fonu of said franchise and did order that publi- cation of notice, as required by the laws of the State of Indiana, be made that said franchise would be finally considered at a public hearing on the ~.~ day of ~19~ ~, and V~qEAS, said publication of notice has been made and proofs thereof have this day been filed with said Board, and Wh~EREAS, said public hearing has been held on said .~.$~day of~, 19~and no protest was lodged with said Board by any taxpayer or other person or persons before or during said hearing. N0~ TP~REFORE, BE IT ORDAII~ED AND RESOLVED by the Board of Trustees of the Town of ~, of~ County, Indiana, that: FRANCHISE by and between the Town of ~, of~.~o~nty, acti~ by and through its T~,~and India~~ibution Corporation, a corporation org~ized ~d existing under the laws of the State of Indiana, WIT~SSETH: SECTION l: T~t Indiana Gas Distribution Corporation, a corporation organized under the laws of Indiana, its successors or assigns, is hereby granted ~ indeterminate pe~it, franchise, privilege and right to use the streets, l~es, aven~es, alleys, com- mons, bridges, and public grounds of the To~ of ~, of ~~ ~, India~, f~r the purpose of laying,~installing~ constructing, replaci~, renewing, repairi~, enlarging, operating, extendi~ and maintaining therein and thereon all necessary pipes and equipment to be used in the conveying, distributing and supply- ing of natural gas, mixed gas, or ~anufactured gas for public or private use in buildi~ ~nd nRnufacturing establishments, and other- wise, in said Tov~ of~, together with t~e tight'to dig ~d'eEavate in all of said streets, lanes, avenues, alleys~ cocoons, and public grounds for the purpose of laying such pipe and the const~ction of such other~equipment and appliances as Ray be oroper and necessary to convey, distribute and ~pply said gas to ~onsumers thereof, and to carry the same through mains and pipes to territo~ beyond. SECTION 2: That all excavations made in the streets, ~ ' avenues, alleys, lanes and public places in said ToE of~ ~ ~ by said Indiana Gas Distribution Corporation for ~he introduction of such pipes and mains or for the repair, ex~ination or removal there- of shall be ~de with the least practical incon$enience to the pub- lic or'individuals and with re~onable dispatch, and all d~age done tb all~s, streets, avenues, lanes and public places, or ~terial therein, by reason of ~ch excavation shall be replaced by the said Indiana Gas Distribution Cbrporation at its proper cost without unnecessary delay ahd all such excavation shall be ra~ed in such ma~er that the streets, alleys, avenues, lanes and public places wherein such'exca- rations occur ~atl be placed in as good condition as for~nerly. If the said Indiana Gas Distribution Corporation shall fail to do'the above acts mentioned in this Section, within a reasonable ti~e, then said Town of ~~ may cause such acts to be done and ~y charge the reasonable cost thereof to the said Indiana Gas Dis- tribution'Corporation and may recover the same by process of law, if SECTION 3: That India~ Gas Distribution Corporation shall stand ready at all times to z~ke extensions to mains and ser- vice connections for supplyi~ gas for public or private use in the buildings, manufacturing establishments or otherwise at ~y point within the corporate limits of said Town of ~ upon proper application in accordance with the standard ter~ and cond~tmons of the company, as filed with the ~blic Service Commission of Indiana and in effect at the time such application is m~de. SECTION 4: That no pipes or mains in and along such streets, avenues, alleys, la~es and public places laid by Indiana the curb lines of the street ~ithin fifteen (15) days after appli- cant is ready in good faith ta use said gas, subject to further reasonable extension of time by reason of adverse weather conditions. SECTION 6: That in case of the decline or failure of the available supply of natural gas so that said Indiana Gas Distri- bution Corporation shall be rendered unable to furnish a sufficient amount thereof to meet the reasonable needs and requirements therefor or to distribute said natural gas with safety, due to any condition or emergency or other reason, sa.id Indiana Gas Distribution Corpora- tion shall provide and supply to said consumers a mixture or combina- tion of both natural and _manufactured gas or manufactured gas alone for any and all purposes for which such ~xed gas o~ manufactured gas may be adapted t~hrough its then existing facilities. Said Indiana Gas Distribution Corporation shall make such reasonable changes, additions and extensions in and to its present plant, or additions thereto, as shall be necessary or advisable in its opinion for the proper and econo~uical production and distribution of such mixed or manufactured gas. SECTION 7: That said Indiana Gas Distribution Corpora- tion~ its successors and assigns, shall save ~_armless said Town of ~, and-the inhabitants thereof, from any and all damages or injuries due to the neglige~ce of said company which may be incurred during the const~.ction, m&intenance, opera- tion or removal of said system of mains and pipes. SECTION 8: That it is understood and agreed, as Indiana Gas Distribution Corporation is at this ti~ without pipe line facilities to delive~ gas to the Totem of ~. , that the time said company may begin the ~vork of installing its aistribution olant therein, as provided for ~herein, shall be determined by said ~orporation and at no time shall~said Corporation b~e required~to be- gin the work ~f installation wit_~in said Town of until there shall have been first duly executed an~ submitted to it in oroper form bona fide apolications from s~t least separate property owners w'i~hin the Town of ~ , there in agreeing and guaranteeing to co_wae~ce the use of gas as soon as the &amc can be made available by Indiana Gas Distribution Corpora- ti on.// SECTION 9: That bona fide applications for gas service shall include only those applications which are a6companied by such evidence of good faith as the co~upany may require. SECTION 10: That this franchise shall constitute an in- determinate permit, subject to the authority of the Public Service Con~aission of the State of Indiana, and under and pursuant to the provisions and terms of the laws of the State of Indiana, and to the terms of the Act entitled "An Act Concerning Public Utilities", as approved March ~, 1915, and acts amendatory and supplemental thereto. In the event that said Act shall be repealed, this franchise shall extend for and during the term of twenty-five years from and after the date that such repeal shall become effective. If ~his franchise shall be ter~inated for say lawful reason, Indiana Gas Distribution Oorporation, its successors or assigns, shall have the right within SECTION 12: That, if said Indiana Gas Distribution Cor- poration does ~t have in operation a distribution system within said Town of ~ Wi thin two years from the date this franchise takes effect, this franchise shall be then terminated, but if installation work is in progress at the end of said two years, this franchise shall remain in force and the Corporation shall complete such work within a reasonable time thereafter. SECTION 13: That if, after the construction of said system of pipes and mains, or any part thereof, it shall be necessary or advisable in the opinion of said Indiana Gas Distri- bution Corporation, to shut off temporarily the gas sunply for all or any part of such system in order to effect repairs or ex- tensions, such shutting offof gas shall not be a violation of the provisions of this frru1chise and said Indiana Gas Distribution Corporation shall not be liable"for damages because of or arising out of such shutting off of gas. ' SECTION 14: That said Tovm of ~ shall adopt and enforce such ordinances, rules and regulations as are necessary or advisable for the protection of the pipes; equipment and plant of said Indiana Gas Distribution Corporation, and for the .protection of the rights of Indiana Gas Distribution Corporation under this franchise. S~CTION 15: That in such matters, if any, as are not specifically covered by the foregoing provisions, th'e Rules and Regulations of said Indiana Gas Distribution Corporation at the time. on file with the Public Service Commission of Indiana, shall govern. . IN WITNESS WHEREOF the parties hereto have executed this instrument the day and year first above written. . TOWN OF ~f~t4'rr€ .' &.Erp / . ATTEST: INDIANA GAS DISTRIBUTION OORPORATT..CN By ~~~., SECTION 2. This ordinance and resolution shall go into full force and effect immediately upon its passage. , \