ORDINANCE NO. 11, 2021
AN ORDINANCE GRANTING TO MONTANA- DAKOTA UTILITIES CO., A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE AND RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE, WITHIN AND UPON, IN AND UNDER THE STREETS, ALLEYS AND PUBLIC GROUNDS OF THE CITY OF POWELL, PARK COUNTY OF WYOMING, A GAS DISTRIBUTION SYSTEM FOR TRANSMITTING AND DISTRIBUTING NATURAL OR MANUFACTURED GAS, OR A MIXTURE OF BOTH FOR PUBLIC AND PRIVATE USE.
SECTION I. For convenience, herein, said City of Powell, Wyoming a municipal corporation is designated and referred to as “City” and Montana-Dakota Utilities Co. is designated and referred to as “Grantee.” Any reference to either includes their respective successors and assigns.
SECTION II. There is hereby granted to Montana-Dakota Utilities Co. , a corporation, Grantee, its successors and assigns, subject to the limitations herein stated, the right and franchise to occupy and use the streets, al leys and public grounds of the City as now, or hereafter constituted, for the purpose of constructing, maintaining, and operating, within, upon, in and under the same, a gas distribution system for transmitting and distributing natural or manufactured gas, or a mixture of both, for public and private use.
SECTION III. Grantee shall maintain an efficient distribution system for furnishing natural or manufactured gas, or a mixture of both for public and private use at such reasonable rates as may be approved by the Public Service Commission of the State of Wyoming and under such orders, rules or regulations as may be issued by any federal or state agency having jurisdiction thereof.
SECTION IV. This franchise shall not be exclusive and shall not be construed to prevent the City from granting to any other party the right to use the streets, alleys, and public grounds of the City for like purposes.
SECTION V. The City reserves any right it may have, under its pol ice power, or otherwise, to control or regulate the use of said streets, al leys, and public grounds by Grantee.
SECTION VI. Grantee shall indemnify and save and hold the City harmless from any loss or damage due to the construction, installation, and maintenance of its distribution system, and its use of the streets, alleys, and public grounds of the City. Additionally, the Grantee, at its own expense, shall indemnify, save and hold harmless the City, it’s employees and agents from any and all damage, judgments, costs and expenses of every kind, which may arise or result by reason of or in consequence of the acts or neglect of the Grantee, its employees and agents due to the installation, constructing and operating of the facility, system fixtures and equipment used by Grantee for the distribution and furnishing of natural or manufactured gas.
SECTION VII. Grantee shall have the right to assign this franchise to any party, or corporation, but all obligations of Grantee hereunder shall be binding upon its successors and assigns.
SECTION VIII. Except in the case of an emergency situation, Grantee shall obtain a permit from the City prior to performing any excavation, installation, construction, or repair work in the City’s right of way, which the City shall not unreasonably delay or withhold. In emergency situations, Grantee may proceed without first obtaining the normally required permits. In the event Grantee must take emergency action, Grantee shall obtain the required permit for said pipes, conduits, and other fixtures and equipment, and if necessary, relocate the items listed herein to obtain approval by the City. Additionally, the Grantee shall annually place on file with the City two copies of plans as determined by the City showing the location of all facilities within the corporate limits of the City that Grantee has constructed for its distribution and furnishing of natural or manufactured gas. Such filing shall not be later than March 31 of each year. The plans shall be current January 1 of the current year.
The Grantee agrees that in all cases where the City shall change the grade, width or location (alignment) of any street, alley, or other public way or facility, for the purpose of improving, constructing, or maintaining sewers, underground fixtures for the conveyance of water, or of any of the streets, avenues, lanes, alleys, highways, and public places, the Grantee will, promptly, upon reasonable notice and at its own expense, unless otherwise provided by mutual agreement of the City and the Grantee, change or move its structure so as to conform thereto, and all sidewalks, parkway or pavements disturbed by the Grantee shall be restored by it to a good condition in compliance with the current standards adopted by the City, and in the event that any sidewalks, parkway or pavement shall become uneven, unsettled or otherwise require repairing because of such disturbance by the Grantee, then the Grantee shall promptly, upon receipt of notice from the City so to do, cause said sidewalk, parkway or pavement to be repaired or restored to a good condition in compliance with the current standards adopted by the City. The city will avoid the need for such moving or changing whenever reasonably possible except in an emergency and doing so will not result in unreasonable increased costs for the City. The City shall provide Grantee at least one hundred and twenty (120) calendar days prior written notice or such additional time as may be reasonably required, of such project requiring relocation of Grantee’s facilities.
SECTION IX. Any street opening made for installation or repair by Grantee shall be closed within ten (10) days of making the opening. The opening shall be permanently repaired and resurfaced to the City standards, within six months from the date of opening, weather permitting. The City or the Grantee may request that the final pavement repair be performed by the City and at the City’s option City may perform the final pavement and Grantee agrees to promptly pay the cost thereof upon billing by the City.
SECTION X. As further consideration for the franchise rights granted hereby, Grantee agrees to pay to the City on or before the 15th day of February of each year an amount equal to three percent (3%) of Grantee’s gross revenue billed during the preceding calendar year, or fraction thereof, in which Grantee is furnishing natural gas within the City. The term Gross Revenue as used herein shall mean Grantee’s gross revenues billed from the sale of natural and manufactured gas within the corporate limits of the City. Grantee’s “Gross Revenue” shall not include any amounts to be paid by Grantee to the United States or to the State of Wyoming as excise, sales, franchise, or business taxes upon the sale of natural gas in the City, or to the City under this ordinance. Grantee shall make a statement under oath at the time of making said payment hereinbefore provided setting forth its Gross Revenue during the preceding calendar year, or fraction thereof, and the amount due, which statement shall be filled with the City. During the term of this franchise, the City reserves the right to amend by resolution the three percent (3%) of Gross Revenue fee payable by Grantee by either increase or decreasing the fee, so long as the fee shall not exceed five percent (5%) of Gross Revenue, as defined above. In the event the City chooses to amend said fee, the City shall give the Grantee) three (3) months’ notice prior to said implementation. The amendment of said fee shall be effective upon passage of a resolution providing for said amendment by the City. The City, through its duly authorized representatives, may examine the records of Grantee for the purpose of verifying the accuracy of the amounts paid hereunder once each year, provided such examination is made thirty (30) days from the date of filling such sworn statement with City.
SECTION XI. In pursuance of the rights herein granted, Grantee, its associates, successors and assigns, are hereby required to locate their equipment and facilities so as not to interfere with public travel, or in the flow of water or drainage, and are further required to replace any and all portions of the streets, alleys, avenues or other public grounds which may be by them damaged in the erection, maintenance, operation or abandonment of said gas distribution system, in as good condition as they were prior to such damage or use.
SECTION XII. This ordinance before becoming effective shall be published at least once in a newspaper of general circulation per W.S. § 15-1-116.
SECTION XIII. Within thirty (30) days after Grantee is notified of passage and final approval of this ordinance, Grantee shall file with the clerk or auditor of the City its written acceptance of this franchise.
SECTION XIV. This franchise shall continue and remain in full force and effect for a period of twenty-five (25) years from the date upon which this ordinance shall become effective as provided by law.
PASSED on first reading, this 18th day of October, 2021
PASSED on second reading, this 1st day of November, 2021
PASSED on third reading, this 15th day of November, 2021
CITY OF POWELL
John F. Wetzel, Mayor
I, Tiffany Brando, Clerk of the City of Powell, attest that Ordinance No. 11, 2021 was passed, adopted, and approved by the governing body of the City of Powell on this15th day of November, 2021. I further certify that the above ordinance ran at least once in the Powell Tribune, a newspaper of general circulation within Powell, Wyoming.
Tiffany Brando, City Clerk
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