Page 1 4 ibe yr To ORDINANCE NO. B83 _ AW ORDINANCE GRANTING A FRANCHISS TO THE MOBILE GAS SERVICE CORPORATION, a corporation, its successors, and , assigns, TO LAY, MAINTAIN, AND OP+ ‘ERATE IN OR UNDER THE STREETS, AVENUES, ROAD, ALLEYS, LANES PARKS, AND OTHER PUBLIC PLACES IN THE CITY OF PRICHARD, ATABAMA, A PIPE LINE SYSTEM FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF GAS, NATURAL AND ARTIFICIAL, FOR DO= MESTIC AND OTHER PURPOSES, AND PRES- CRIBING CONDITIONS AND LIMITATIONS. BE IT ORDAINED by the City Council of the City of Prichard, Mobile County, Alabama, as follows: SECTION ONE: Whenever the word “Grantee"™ appears ini this ordinance it is intended to designate and shall be held to mean The Mobile Gas Service Corporation, a corporation, its successors and assigns; whenever the word “gas" is used, it is intended to \ include natural gas, manufactured gas, liquid) petroleum gases such aS propane and butane, or any mixture of said gasas. SECTION TWO: BE IT ORDAINED by the City Council of the City of Prichard, Mobile County, Alabama, that in consideration of the benefits which the City of Prichard, its residents and citizens, and the public, will derive from the use and exercise of the rights, privileges and franchise granted under this . Ordinance, the right, privilege and franchise are hereby granted to the Grantee for a term of thirty (30) years, to lay, construct, extend, maintain, renew, replace and/or repair gas pipes and mains under, along and/or across any streets, avenues, roads, alleys, lanes, parks, and other public places and ways in the City of Prichard, Alabama, and to use and occupy said streets, avenuss, roads, alleys, lanes, parks, and other public places and/or ways for the purpose of therein laying constructing, extending, main- taining, renewing, replacing and/or repairing mains and pipes and all appurtenances and appendages thereto used and/or useful for the manufacture, transmission, distribution and/or piping of gas within and/or through the present or future territorial limits of the City of Prichard, Alabama. ROTION THREE: The Grantee upon making an opening upon any of the streats, alleys or public ways of said City, for the pur- pose of laying, repairing or maintaining gas mains, shall use dus care and cantion to prevent injury to persons, and shall replace and restore all public ways to their former condition as nearly as practicable, and within a reasonable time; and shall not un- necessarily obstruct or impede traffic upon the streets, avenues and public ways of the said City, provided all pine or other apparatus erected along or under the streets of said City shall be so laid or erected, after first obtaining a permit from, and under the supervision of the City Counelil or such officers as they may designate. SECTION FOUR: Said Grantee shall save and keep harmless the said City from any and all liability by reason of damage or injury to any person or persons whatsoever, on account of negligence of the Grantee in the installation and maintenance of its mains and pipe lines along seid streets, alleys and public ways, provided — the Grantees shall heve been notified in writing of any claim against the City on account thereof and shall have been given ample opportunity to defend the samec Page 2 so SECTION FIVE: This ordinence shall take effect from and after its passage, approval and publication, as reauired by law. ADOPTED THIS 7th DAY OF NOVEMBER, 1960. APPROVED: . HAYGR ATTESTs ete BAAR. BERNIECE H. CENTANNS CITY CLARE - mae =2e L-