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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. 142 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