Ordinance 681 - Montana Power Co Franchise Agreementrm
ORDINANCE NO. 680
AN ORDINANCE PROVIDING THAT IT SHALL BE UNLAWFUL TO PUSH SNOW FROM PRIVATE PROPERTY
ONTO CITY STREETS AND BOULEVARDS; DECLARING VIOLATION A MISDEMEANOR; FIXING PENALTY
FOR VIOLATION; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
Section 1. It shall be unlawful to push snow from private property onto City Streets
and Boulevards without having first secured permission from the M ayor and Council.
' Section 2.It is a misdemeanor for any firm, person or corporation to do any act
forbidden in this ordinance.
Section 3. Any firm, person or corporation convicted of a violation of this
ordinance shall be punished by a fine of not more than $100.00.
Section 4. It being deemed by the City Council of the City of Kalispell, Montana
that an .emergency exists, this ordinance shall be in full force and effect from
and after its passage and approval.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS 4th DAY OF
DECEMBER 1961.
T. R. Flynn
Mayor
ATTEST: H. J. Hunt
City Cler4:
I, H. J. Hunt, City Clerk of the City of Kalispell, Montana, do hereby certify
that on the 5th day of December, 1961, I posted a copy of the foregoing ordinance
in my office and the same remained posted for a period of five days and the
foregoing is a true and correct copy of the ordinance as passed by the City Council.
City Clerk of the City Kalispell,
ORDINANCE NO. 681
AN ORDINANCE GRANTING TO THE MONTANA POWER CO_•IPANY, A CORPORATION, A FRANCHISE
AND FIXING THE TERMS THEREOF UNDER WHICH SAID COMPANY MAY CONSTRUCT, EQUIP, LAY,
MAINTAIN AND OPERATE PIPE LINES AND APPURTE'1A.NCES IN, UNDER, UPON, OVER AND
ACROSS STREETS, AVENUES, ALLEYS, HIGHiaAYS, BRIDGES, EASEMENTS AND OTHER PUBLIC
PLACES IN THE CITY OF KALISPELL, MONTANA, ANT, MAY TRANSPORT, DISTRIBUTE AND SELL
GAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
Section 1. There is hereby granted to the Montana Poorer Company, a corporation,
its successors and assigns (hereinafter called the "Grantee"), the right,
privilege and franchise for the full period of fifty (50) years from the effective
date hereof and thereafter until and unless otherwise provided by ordinance to
construct, equip, lay, maintain and operate in, under, upon, over and across the
streets, avenues, alleys, highways, bridlges, easements and other public places in
the City of Kalispell, County of Flathead, State of Montana, as now or hereafter
constituted, mains, pipes, conduits, manholes, reducing and regulating stations
and all other appurtenances and accessories for the purpose of transporting,
conveying, distributing, supplying and selling natural gas or artificial gas, or
a mixture of natural and artificial.gas for light, heat, power and other purposes,
at rates fixed and allowed by the Public Service Commission of Montana, and Grantee
agrees to file with the Clerk of the City of Kalispell, the schedule of rates thus
fixed and allowed.
Section 2. The Grantee shall extend its gas mains and pipes to such parts of said
City as the consumption of gas shall justify.
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Section 3. The Grantee, at all times during the
existence of this
franchise,
shall. use its best efforts to obtain and supply a
continuous, sufficient
and
adequate quantity of gas for use by said City and
its inhabitants,
provided,
however, -that Grantee shall in nowise be liable to
said City�or to
its inhabi-
tants because of the interruption or discontinuance
of the supply
of ga.s by
causes beyond the reasonable control of Grantee.
Section 4. Grantee shall not discontinue the distribution of gas through its
distributing system, or any portion thereof, for an unreasonable length oftime
for the purpose of making repairs and extensions, but Grantee shall not be liable
to the City or to any consumers for damages caused by such temporary discontinuance
or interruption of the delivery of gas, provided that,such repairs and extensions
are made with reasonable diligence.
Section 5. All work done in, under, upon, over and across the present and future
streets, avenues, alleys, highways, bridges, easements and other public places
in the City of Kalispell, Montana, by Grantee for the purpose of carrying out
the provisions of this franchise shall be doneandperformed in a good and work-
manlike manner. When any street, alley or other public place in said City is
excavated or damaged by Grantee by reason of such work, the Grantee shall restore
such street, alley or public place to its former condition as early as practicable.
If at any time a change in the grade or plan of any street, alley or public place
shall be made by order,of the proper City officials, the Grantee shall, without
expense to the City of Kalispell, Montana, make such changes inthe location of
its pipes and facilities as the change of the grade or plan of the street, alley,
or public place makes necessary, which said changes shall be -made as soon as
possible after said Grantee shall have received notice from the proper City
official having the same in charge.
Sections6. Grantee shall holdtheCity of Kalispell harmless from all costs.and
damages which shall or may accrue to said City by -reason of the neglect, default
or misconduct of the Grantee in connection with the exercise of its rights here-
under.
Section 7. Grantee is hereby given the right and authority to make assignments I
of this right, privilege or franchise, and its rights hereunder, all assignees to
be bound -to the same extent as the original Grantee.
Section 8. The City of Kalispell shall pass all ordinances necessary or suitable
to protect the property and rights of said Grantee and to enable said Grantee to
enforce any of its reasonable rules and regulations for the management, operation
and control of the service hereunder, and shall pass any reasonable ordinance or
ordinances that may be necessary or suitable in order fully to confirm to said
Grantee the rights herein or hereby granted or intended so to be.
Section 9. Nothing in this ordinance contained shall be held or construed to
grant any exclusive rights or privileges, but the City of -Kalispell reserves to
itself the right at any time to make such other grants or extend such other
privileges to any other person or persons, company or corporation for the use,of
its streets, alleys or other public places, or any thereof, for the purposes in
this ordinance expressed, or for any other valid purpose as the City Council may
by ordinance from time to time determine.
Section 10. Failure on the part of Grantee to comply in any substantial respect
with any of the provisions of this franchise shall be grounds for a forfeiture
thereof, but no such forfeiture shall take effect if the reasonableness or the
propriety thereof is protested by Grantee until and unless a courtofcompetent
jurisdiction (with right of appeal in -either party) shall have found that .said
Grantee has failed to -comply in a substantial respect with any of the provisions
of this franchise, and Grantee shall have six -(6) months after the final deter-
mination of said question to make good the default before a forfeiture shall
result, with the right in the City Council, at its discretion, to grantsuch
additional time to the Grantee for compliance, as necessities in the case may
require.
Section 11. It is contemplated by the City Council that Grantee shall extend
natural gas service to the City of Kalispell by December 31, 1963. In the event
the Grantee shall fail to extend natural gas service to the City of Kalispell by
said date, the City Council shall have the option to terminate the franchise
herein granted by the repeal of this ordinance.
13.
Section 12. This ordinance shall take effect and be in force from and after
thirty (30) days after the final passage and approval hereof, provided Grantee
shall file with the City Clerk of the City of Kalispell a written acceptance of
this ordinance, but if such acceptance is not so filed, this ordinance shall be
void.
Finally passed by the City Council of the City of Kalispell, Flathead County,
Montana, and approved this 4t1i day of December, 1961.
T. R. Flynn
MAYOR
ATTEST: H. J. Hunt
CITY CLERK
I, H. J—Hunt, 'City Cleric of the City of Kalispell, Montana, do hereby certify
that the within and foregoing is a full, true, correct and, complete copy of
Ordinance No. 681 , passed at the regular meeting of the City Council of the
City of Kalispell, Montana, on the 4th day of December, 1961, and on the 5th
day of December, 1961, I posted a copy of the foregoing ordinance in my office
and the same remained posted for a period of five days.
City Clerk of the City of Kalispell, Montana
ORDINANCE NO. 682
AN ORDINANCE AMENDING SECTION 214 OF THE REVISED ORDINANCES OF-19479 CITY OF.
KALISPELL, MONTANA, WHICH SECTION PROVIDES FOR WATER ORDERS, AND DECLARING AN
EMERGENCY AND FIXING AN EFFECTIVE DATE.
' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
THAT SECTION 214 OF THE REVISED ORDINANCES OF 1947, CITY OF KALISPELL,
MONTANA, PROVIDING FOR WATER ORDERS, BE AMENDED TO READ AS FOLLOWS:
SECTION 214. WATER ORDERED TURNED ON OR OFF. Application for city water to be
used for any purpose shall be made at the water department office, upon the
printed form supplied by the water department, which form must be signed by the
owner or duly authorized agent of the owner of the property, on which the water
Is to be used, Tenants may be billed for water and sewer charges at the request
of the property owner, but in such event a FIVE DOLLAR ($5.00) deposit shall
first be made before service is granted. All orders for turning off water must
be made in writing to the water department and must be signed by the owner or duly
authorized agent of the owner of the property from which water is ordered shut off.
When the water is ordered shut off from any premises, all charges for water and
sewer service supplied to such premises shall be immediately due and payable to
the water department.
An emergency is hereby declared to exist and this ordinance shall be in full force
and effect upon passage and approval.
Passed by the City Council of the City of Kalispell, Montana, this 8th day of
January, 1962.
APPROVED by the Mayor of the City of Kalispell, Montana, this 8th day of
January, 1962.
T. R. Flynn
Mayor
ATTEST: H. J. Hunt
City Clerk
I, H. J. Hunt, City Clerk of the City of Kalispell, Montana, do hereby certify that
on the 9th day of January, 1962, I posted a copy of the foregoing ordinance in my
office and the same remained posted for a period of five days and the foregoing is
a true and correct copy of the ordinance as passed by the City Council,
City Clerk of the City of Kalispell, Montana