The Carbon County news., 1931-07-23
ORDINANCE NO. 4ss

OHOtNANCE NO. 4o5
An ordinance granting to The MON
TANA POWER COMPANY, cor
poration, its successors and assigns
the right privilege and franchise for
the full period of thirty 500 years,
| and thereafter until otherwise pro-
yided by ordinance, to construct. ae-
quire, equip. maintain and operate
gas plants. works. holders and all
| other appurtenances for the manu-
City of Red Lodge. Montana. and to
| construct, equip, lay. maintain and
| operate in. under. upon, over and
| across the streets. avenues. alleys,
highways. bridges. easements and
other public places in the City of Red
Lodge, Montana as now or hereafter
constituted. mains and pipes. togeth-
er with all other appurtenances and
accessories. for the purpose of trans
porting, conveying, distributing, sup
plying and selling manufactured and
or natural and-or mixed gas To sail
City and its successors. and to the
inhabitants thereof. and to persons
firms and corporations outside the
limits thereof, for light. heat, power
and other purposes. imposing provis-
ions and conditions relating thereto,
and including an agreement by Gran
tee u iibit tic lily tleit tfii0SS ii0hA
ell costs and damages which may ae-
erue to said City by reason of the
neglect, default or misconduct of the
Grantee in connection with the exer-
else of its rights hereunder.
BE 1T ORDAINED by the City
Council of the City of Red Lodge.
Montana:
Section 1. There is hereby granted
to the Montana Power Company, a
signs hereinafter called the Grantee)
the right, privilege and franchise for
the full period of thirty (S0) years
from the effective date hereof. and
thereafter until otherwise provided by
ean to and naraae aeaure
plants. works. holders and all other
apnurtenanees for the manufacture
and-or storage of gas in the City of
Red Lodge. Montana, and to con-
struct equip, lay, maintain and oper-
ate in, under, upon, over and across
bridges, easements and other public
places in the City of Red Lodge. Mon
tana, as now or hereafter constituted,
mains, pipes, conduits. man-holes. re-
ducing and regulating stations. and
all other appurtenances and aeces-
sores for the purpose of transport
ting. conveying, distributing, supply
ing and selling manufactured and-or
natural gas and-or gas containing a
mixture of manufactured and natur-
al gas. to said City and its success
sors, and to the inhabitants thereof,
and to persons, firms and corpora
tions outside of the limits thereof,
for light, heat, power and other pur-
poses.
Section 2. The Grantee shall ex-
tend its gas mains and pipes to such
parts of said City as the consumption
of gas shall justify.
Section 8. 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 consumers of said City.
Section 4. This grant is made with
the full knowledge and understanding
on the part of said City that in case
natural gas is furnished or supplied
by the Grantee, such natural gas may
be furnished Grantee by others from
pipe lines; that, therefore, Grantees
supply of gas may be interrupted or
entirely discontinued by causes be-
yond the control of the Grantee, and |
in the event of such interruption or
discontinuance there shall be no liza
bility on the part of or against the
Grantee therefor.
Section 5. Grantee shall not discon-
its distributing system, or any por-
tion thereof. for an reasonable |
length of time for the purpose of max
ing repairs and extensions. but Gran
tee shall not be liable to the City. or
to any consumer for damages caused |
by such temporary discontinuance of
the. delivery of gas provided that
such repairs and extensions are made
With reasonable diligence.
Section 6. The said City shall pass
all ordinances, necessary or suitable,
To protect the property and rights of
Grantee to enforce any of its reason
able rules and regulations for the
managements operation and control
of the service hereunder. and shall
pass any reasonable ordinance or or
dinances that may be necessary OF
said Grantee the rights herein or
hereby granted or intended so to be.
Section T. All work done in, under,
upon, over and across the present and
future streets, avenues, alleys, high |
ways, bridges, easements and other |
public places in the City of Red |
Lodge. Montana. hereunder for the
slons of this franchise. shall be done
and performed in a good and work.
manlike manner. and when any street |
or other public place in said city is
eNcdNdteu or damaged by Grantee by |
reason of such work, the Grantee as |
early as practicable, shall restore such |
street or public place to its former |
condition.
Section s. The Grantee shall hold |
the. said City harmless from all costs
and damages which shall or may ac-
crue to said City by reason of the !
neglect, default or misconduct of the
Grantee in connection with the eA-
eroise OF it's rights hereunder.
section 8. The Grantee is hereby
given the right and authority to |
mare assignments of this tight, priv
ilege or franchise. and tine rights
all assignees to be bound |
to the same extent as the original
Grantee.
Section 10. Nothing in this ordin-
ance contained shall be held or con-
strued to grant any exclusive rights
or privileges, but the City of Red |
Lodge 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 public grounds, or any there
Of fp1. tho 1,11rnpGo II, this nrdipopaa