The Green Forest tribune., 1910-04-08
ORDINANCE NO. 65.


 An ordinance entitled and ordinance granting
 to Thomas Payne X Roy s. Dodd Of Tulsa,
 Oklahoma, their successors and assigns,
 the privilege of acquiring constructing,
 operating and maintaining gas plant
 mains, pipes and appurtenances in the
 streets, alleys and public grounds of Green
 Forest, Arkansas, for the purpose of sup
 plying natural gas to the said town and
 the inhabitants and concerns thereof and
 defining the rights and privileges there
 under.
 Be it ordained by the Town Council of the Incorporated town of Green Forest, Arkansas:
 Section 1. That Thomas Payne and Roy $. Dodd, aforesaid, hereinafter known and term cd the grantees their successors and assigns, is hereby authorized to construct, acquire, operate and maintain 8 gas system and gas works in the town of Green Forest, Arkansas, and to sell and supply said town and inhabi- tants and concerns thereof, and to lay use and maintain pipes and mains, with all necessary and proper attachments, connections and ap- performances, below the surface of the streets, alleys, sidewalks, lanes and public grounds, and on the bridges of said town. as the bound ries now are, or may hereafter be extended by additions to the present limits or boundrieS thereof for the supply and distribution or natural gas for Illuminating, heating, manu- featuring and motive power purposes, and to to to erect and maintain necessary posts &nd lamps and for same purposes to make coh4eo- tions forconsumersw with such pipes and na3as for term of twenty-five years from and alter the pas age, publication and ratification aS required by law, of this or dinance: Provided: That all pipes hereafter i31d shall be laid not less thon eigfteeh lnchss De low the surface.
 Provided, further: That al payements, sidewalks and excavations damaged by gr"n- tees shall be repaired, and rcpla2ed, with like mat erisl, Gn l left in GS good condition as De- fore: and should sad grantees fail or refuse to replace and restore said pavement, stde- walks excavations, within a re@SOn3ole length of time, then the same mey be replaced by the said town, 2t the expense and cost or said grantees.
 Section 9 Under the permission and au- thorjty hereby granted, the said grantees shall furnish natural gas to the citizens, at a reasonable raie, which shall in no ca. c6ed | 25 cents per thousand cubic feet Of gas, as registered by standard meters for the measure n,ent of natural gas. said mete~s t0 be fura sh- | e by rnd he the r"o"5rty 't @"Hnseai. Pfo- l vided hcra is at any lime god and su!G@ tnt rca to b"licr C il Il said 2 "tse2 are cAsfE | irgany pc son orpetSorS an e5tt size - q Tor g.s the town couu Il Nf said iH .rp t'1t2d t2Wn re'a ns the right to invest ga3e Hn rtlH 'o sid gglatecs to furnish als eEtie - i5 e1V need to ascertain the real faces and 1T 1t IS found that grantees are charging "n escess5ve rate the council retains the right to adjust tho rate charged to just and equitable rate Section 3. That for the purpose of supplying natural gas to the said town and to the m | habitants thereof, and to companies and to corporations said grantees their succ9 sorS and assigns, shall at their own expense, iur- nish and lay all pipes necessary for fufnlsh- ing conveying and distributing such gas to V adjacent to any of their gas mains and such gas mains shall be laid or extended consistent with the growth of the town and shall put In a "cut off or valve at the curb in each instance.
 Section f. No person, firm or corporation shall be permitted to tap or make any connec- tion with any main or gas line Of sad gran tees unless duly authorized to do so by the grantees; provided, no charge shall be made for such authority.
 Section 5. In constructing, repairing and operating said gas system gGs plant, said grantees shall put up proper warnings and lights to prevent acciden t from open ditches or obstruction, and use every reaS9nable pre- caution to avoid damage or inj nry to persons or property, and shall hold sefG and harm ess the town from damage, injury, loss or expense. caused by the negligence of said grantees IT the construction, repairing or operating said gas system plant, or in paving or repaying any street. alley, avenue or sidewalk.
 Section 6. All prohibitions, forfeitures and other provisions of this ordinance and fran chse shall be binding on said grantees, their successors and assigns whether expressly SO stated herein or not; Cnd all grants and pfiYl- leges secured by this ordinance and franchise shall be held to inure to the benefit of s&id grantees, their legal and bonl hde successors and assigns.
 Section '. That said grantees, their agents and employees shall have the right at any time to enter upon the premises of any con sHmer for the purpose of inspecting the gas pipe, meter, appliance and serT!ca; and no concumer shall tamper with any of said pipe, meter appliance or permit the same to De done, or to make any fraudulent representa- tions in regard to the consumption of gas by such consumer; nor shall @ny consumer was te said gas permit same to be wasted on his premises
 Section 8. Noting herein shell be construed to require said grantees, their successors or assigns to furnish g2S as Gbove Il the supply ot natural gas shall become exhausted or insufi- cient to supply the demand, or if the expense of obtaining and furnishing the same should become great that the grantees cannot furnish gas at the above prices without loss. In the event the grantees do not furnish gas o,HT -ipn hAgo a rights under this franchise shall cease.
 Section 8. Before or at the time of the ac- ceptance of th1s ordinance, said grantees shall execute and fl with the Town Recorder of sald town, bond in the sum of S500000 with good and sufficient securities to be approved by the mayor and council of said town, conditioned and guaranteeing to hold said town harmless from any damage, injury, loss, expense to per son property caused by the negligence of said grantees in constructing, repairing or operating said gas system or plant, or paving repaving any street, alley, avenue or sidewalk
 Section 10. Within thirty d&ys after the passage, publication and approval of this or dnance, required by law, the said grantees shall file with the Recorder of said town, their written acceptance of the provisions hereof and in case of failure to file said acceptance within the time specified, then this ordinance shall, ipSo facto, cease and become nall and void.
 Section II. And the said grantees shall be- gin operations boring for oil and gas at some location on their leased land. near the Scld town of Green Forest, within six months from the date of passage and approval of this ordi- nance and said grantees shall begin laying gas mains and pipe lines within said town within one year from date of the passage and approval of this ordinance, provided that within the said ye2r the said grantees shall have drilled a gas well or wells which shall produce sufficient gas to supply said town and inhabitants with gas
 Section 12. This ordinance shall be in full force and effect from and after it's passage, publication and approval as provided by lew, and filing of said written acceptance in the office of the Recorder of said town by said grontees, and shall remain in full force and effect for term of twenty years
 Passed March ?, 1910.
 c. L. SCoTT. GGoRGE PHILLIPS, Mayor.
 Recor der.