The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1915-11-23
ORDINANCE NO. 1888.

and privilege to James Mcmillan, his
successors and assigns, to construct,
maintain and operate a gas plant and
| all pipes and other apparatus neces-
sary and convenient for the operation
| thereof for the purpose of supplying
| the inhabitants of said City with man
ufactured or natural gas for light,
heat and power purposes.
| BE 1T ORDAINED by the Mayor and
| City Council of the City of Twin Falls
| Idaho:
Section l. That there is hereby
| granted to James Mcmillan, his sue
cessors and assigns franchise and
privilege to lay, construct, maintain,
use and operate gas pipes, in, under
and along the streets, avenues, alleys,
highways and public places, of and
in said City of Twin Falls, to carry,
conduct and convey manufactured and
natural gas in and through said pipes
for heat, light and power purposes,
together with the right to lay, con-
| struct, maintain, use and operate all
necessary house and service connec-
tons and such other apparatus and
appliances in connection Herewith, as
may be necessary to safely and EN-
GENTLY operate, maintain and use said
|
mess of supplying and selling manufac-
tured and natural gas, or either
thereof to said City of Twin Falls
and its inhabitants.
Section g That said franchise and
privilege shall continue for the term
of fifty years from the date OF the
adoption Of this ordinance.
Section 3. That said franchise and
privilege is granted upon the follow
ing terms and under and subject to
the following conditions and restric-
tons:
(A) The grantee of said franchise
and privilege, his successors or as
signs, shall, in good faith, commence
work to lay said pipes, and to con-
struct install and equip a system for
furnishing gas to the inhabitants Of
said town on or before the first day
of June, 1916, and shall thereafter con-
tinuously prosecute said work, in
good faith and shall complete and
have in operation said system within
not more than three years thereafter.
OBJ All pipes laid, located or main
tanned under said franchise and privi-
lege, shall be so placed as not to in
terfere with the uses of said streets,
alleys, highways or public places by
the travelling public or for public pur-
poses; in laying said pipes the gran
tee of said franchise and privilege,
his successors or assigns, shall fill
the trench and lamp or settle the
loose dirt therein with water, or take
such other means or methods in re-
= filling such trench or trenches as will
I prevent any subsistence therein, and
so perform such work as to leave the
i ,,rfp f,ft ptr a
highway or public place in as good
condition as it was prior to such eX-
cavaton, such work of excavating and
refilling of trenches to be done under
the supervision and to the satisfaction
of the street commissioner of said
City, and in the event there shall be
a subsistence of the dirt in said trench
or trenches after the same have been
filled, notwithstanding the filling was
done to the satisfaction of the
Street Commissioner, the grantee or
his successors in interest shall re-
pair, at his or their expense, such
subsistence or other defect and all
pipes laid or maintained under this
franchise and privilege shall be laid
and located in conformity with instruc-
tons given by and to the satisfaction
of the City Council of said city and
the street commissioner, and where
the pipes are laid along or across any
! street alley or public place, which
: has been paved the said grantee, his
! successors or assigns, shall repave
| and repair the broken or opened pave
ment after the laying of said pipes
of the same material and in such a
manner that the opened portion OF
said pavement shall be in as good a
condition in all respects as it was be-
fore said trench or opening was made
and when the City Council of said
II City of Twin Falls, shall at any time
sby ordinance or otherwise, declare its
intention to improve any street, alley
or public place by paving, the said city
shall give the grantee written no
tice of thirty days of the time when
such work of paving will commence
within which time the said grantee
his successors or assigns, shall lay
his or their gas pipes along or within
said street, avenue, alley or public
| place, prior to the construction of said
pavement, and if said pipes are not
laid within such time the right tc
lay and operate the same over said
street, alley or public place shall be
forfeited
Z (C) The grantee of said franchise
| and privilege, his successors or as
signs shall, in the event said City o.
Twin Falls desires to purchase gas
for any purpose, sell the same to sai(
city upon such terms and for sucl
. price as he or they sell gas to thu
! most favored customers.
CD Before constructing or laying
any gas pipes upon any street. avenue
alley or public place the grantee, hi
successors or assigns, shall make APP
plication to the City Council of SAT-
City to designate at what place an
along what portion, and to what dept
within said Street, Avenue, alley o
| nnhlic nlacn said ninaa shall he laid