[Ord. No. 232, Sec. 1]
That the City of Lincoln, hereby grants to the Arkansas Western
Gas Company the exclusive right, privilege and authority within the
present and all future expansions of the corporate limits of the City
of Lincoln (1) to sell, furnish, transmit and distribute natural gas
to all inhabitants and consumers within the said limits; and (2) subject
to the terms, conditions and stipulations mentioned in this ordinance,
consents and the right, permission and franchise is hereby given to
the Arkansas Western Gas Company, a corporation organized and existing
pursuant to the laws of the State of Arkansas, Grantee, and to its
successors, lessees and assigns to lay, construct, equip, operate,
repair and maintain a system of gas mains, pipes, conduits, feeders
and the appurtenances for the purpose of supplying and distributing
natural gas for light, fuel, power and heat and for any other purpose,
to the residents or inhabitants of the said City; and further, the
right to lay, construct, operate and maintain a system of gas mains,
pipe lines, pipe conduits and feeders and the necessary attachments,
connections, fixtures and appurtenances for the purpose of conveying,
conducting or distributing natural gas from any point beyond said
City limits in order to enable the said Grantee to distribute and
sell natural gas to the said City and to the residents or inhabitants
thereof, and to others. As used in this ordinance, the terms "Natural
gas" and "gas" shall be defined as including, in addition to natural
gas, such alternate, substitute or supplemental fuels as (without
necessarily limited to) liquefied natural gas, liquefied petroleum
gas, synthetic natural gas and propane - air.
[Ord. No. 232, Secs. 2-6]
The Grantee herein is expressly given the permit (subject to
the proviso hereinafter contained) to use the streets, avenues, roads,
highways, alleys, sidewalks and other public places, as now laid out,
or hereafter to be established, for the purpose of laying gas mains,
pipe lines, conduits and feeders, and the necessary attachments, fixtures,
connections and appurtenances for the purpose of conveying or conducting
natural gas from any point within the said City or to any point beyond
the City limits of the said City, or to any other point through and
beyond the City limits of said City, and to operate and maintain a
system of pipe lines, pipes, conduits, feeders and the necessary attachments,
connections, fixtures and appurtenances for the distribution of natural
gas within said City to serve the said City and the residents and
inhabitants thereof, and others; provided, however, that where alleys
are accessible for laying mains and pipes, the City shall have the
right to require that the mains and pipes shall be laid in the alleys
instead of the streets, so long as this is economically feasible (does
not create an economic hardship).
No fees or charges of any kind shall be imposed by Grantor upon
the Grantee or upon any successors,, or upon any consumer of natural
gas for the breaking or opening of any highway, street, road, avenue,
alley or other public places, or for the laying of any main, service
pipe or other connections therein, except as would be generally imposed
on others performing similar work under similar circumstances and
conditions. Nothing in this franchise shall be construed in such manner
as to in any manner abridge the right of the City to pass and enforce
the necessary police regulations for the purpose of protecting the
citizens of said City and their property and the property of the Grantee.
Grantee shall at all times keep and display the necessary danger
signals and proper guards around all excavations and obstructions
and shall keep sufficient space in good condition for the travel of
vehicles on at least one side of all excavations and obstructions,
and shall as soon as practicable, restore all openings on the highway,
road, street, avenue, alley and other public places to condition equally
as good as before said openings or obstructions were made. Anything
to the contrary notwithstanding, when in the judgment of Grantee,
it is necessary for the safety of the citizens, to divert or detour
traffic from the area of excavations, they have the power to so do
upon notice to said City.
The Grantee shall do no injury to any highway, road, street,
avenue, alley, lane, bridge, stream or water course, park or public
place, except as specifically allowed, nor with any public or private
sewer or drainage system, or water lines, now or hereafter laid or
constructed by the said City or by any authorized person or corporation,
but no sewer or water pipes, electric conduits, telephone or TV cables
shall be so laid as to interfere unnecessarily with any gas main or
pipes which shall have been laid prior to the time of laying such
electric conduits, telephone and TV cables, sewer or water pipes.
The Grantee shall fully indemnify and save harmless the City from
any and all claims for damage for which said City shall or might be
made or become liable by reason of the granting of this franchise,
or any negligence or carelessness on the part of said Grantee, or
because of any act or omission of the Grantee in the construction
and operation of its system of mains and pipes.
Natural gas service shall be provided under the terms and conditions
herein specified and pursuant to the rules and regulations of the
Arkansas Public Service Commission governing utility service, as well
as Grantee's rules and regulations governing natural gas service
on file with the Arkansas Public Service Commission and as interpreted
and enforced by Grantee. All utility services shall conform with these
rules and regulations, as well as any other applicable rules and regulations,
federal or state laws, including but not limited to the Arkansas Plumbing
Code.
The rates which are to be charged by Grantee for natural gas
service hereunder shall be those which are now lawfully approved or
prescribed, and as said rates may, from time to time, be lawfully
approved or prescribed by the Arkansas Public Service Commission or
any successor regulatory authority having jurisdiction thereof.
The Grantee shall have the right to make and enforce as a part
of the conditions under which it will supply natural gas for heat,
power, light, fuel or other purposes as herein provided, all needful
rules and regulations not inconsistent with law and the provisions
of this franchise.
The Grantee shall furnish promptly to the proper authorities
any and all information which may be asked for by them in regard to
the size, location or depths of any of the pipes, mains, conduits
or service pipes, in any form whatsoever, and any other information
in regard to its occupation of roads, highways, streets, avenues or
public grounds of said City, which they may demand. Whenever the word
Grantee occurs in this ordinance, it shall mean and it shall be understood
to be the Arkansas Western Gas Company, its successors, lessees or
assigns, and whenever the word "authorities" or "proper authorities"
occur in this franchise, they shall mean and shall be understood to
mean the authorized officer or officers, committee or board representing
the City of Lincoln, Arkansas, or Grantor.
[Ord. No. 232, Sec. 7]
During the life of this franchise, the Grantee shall pay to
Grantor each year a franchise tax in an amount equal to; 4.25% of
the Grantee's revenues before taxes for residential and commercial
revenues as paid to the Grantee by residential and commercial customers
located within the corporate limits of the City of Lincoln. Payments
shall be made by the Grantee to the Grantor in quarterly installments
and Grantee shall have 30 days after the end of each calendar quarter
within which to make such payment. Residential and commercial gas
revenues are those revenues so classified pursuant to Grantee's
uniform classification standards. Grantor shall have the right to
examine and verify, from the records of the Grantee, any data relating
to the gross revenues of Grantee from customers on which said franchise
tax is due. In the event of a controversy between the Grantor and
Grantee as to the amount of gross revenues received by Grantee in
the City of Lincoln upon which said tax is due, such controversy shall
be referred to the Arkansas Public Service Commission, or such successor
regulatory agency which may have jurisdiction over the Grantee, for
final determination, and the decision of said Commission shall be
binding upon both parties hereto.
It is expressly agreed and understood by the Grantor and Grantee that the aforesaid payment shall constitute and be considered as complete payment and discharge by the Grantee, its successors and assigns, of all licenses, fees, charges, impositions or taxes of any kind (other than automobile license fees, improvement districts, special millage taxes and the general ad valorem taxes) which are now or might in the future be imposed by the Grantor under authority conferred upon the Grantor by law. In the event such other tax or taxes are imposed by Grantor, the obligation of the Grantee set forth in § 4.08.03 hereof, to pay the franchise taxes annually shall immediately terminate.
This chapter shall not be construed to alter or change the terms
or conditions of the present franchise under which the Gas Company
is operating.
Nothing in this chapter shall be construed to alter or change
the present rate schedule under which the Gas Company is now operating,
except by order of the Arkansas Public Service Commission or other
legally constituted bodies.
