Page 1 ORDINANCE NO. 1406 AN ORDINANCE GRANTING FRANCHISES FOR THE OPERA- . TION OF WATER AND SANITARY SEWER SYSTEMS IN THE CIfY TO THE WATER WORKS AND SEWER BOARD OF THE CITY OF PRICHARD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICHARD, ALABAMA (herein called the City) as follows: Section 1. The City hereby grants. to The Water Works and Sewer Board of the City cf Prichard, its successors and assigns (herein called the Board), the right, privilege, authority and franchises to acquire, construct, own, main- tain, enlarge, extend, improve and operate a water system and a sanitary sewer system for the purpose of supplying water and sanitary sewer services to the City and the sur- rounding ternitory and the inhabitants thereof and to use the streets, avenues, alleys and public ways and places in the City for such purposes. Section 2. The City hereby grants to the Board the right, privilege, authority and franchises at any tite and from time to time during the period covered by this franchise, and without any requirement as to license, permit or fee therefor, to own and operate said systems, to construct, extend, operate, renew, enlarge, repair and maintain its mains, pipes, conduits, laterals and facilities in, over, under, across or along any street, avenue, alley or public way ox place in the City and to make all excavations neces- sary therefor for the purpose of constructing, repairing, improving, enlarging, extending, ‘adding to, maintaining or operating said systems er either thereof. Section 3. The Board shall, and by accepting these fxanchises agrees that it will, upon making any excavation in the streets, avenues, falleys, public ways and places of the City in the exercise of these franchises, restore i the surface and paving at the point of such excavation in Page 2 substantially the same condition as before the work was Gone, within a reasonable time thereafter, and will save the City harmless from any liability arising out of any change in the condition of any street, avenue, alley, pub- lic way or place by the Board. : Section 4. The rights, privileges, authorities and franchises hereby granted shall continue in force and effect for a period of thirty years from the effective date of this ordinance. Section 5. The provisions of this ordinance are intended to be severable and, if any one or more thereof should be held invalid for any reason, the rest shall nevertheless stand and be fully effective.. Section 6. This ordinance shall be published ‘at the expense of the Board in one issue of The Mobile Press Register a newspaper published in Mobile County and having general circulation in the City (there being no newspaper published in the City), and shall become effective upon such publication. Section 7. All ordinances, resolutions or orders or parts thereof in conflict with this ordinance are hereby re- pealed to the extent of such conflict. PASSED ‘AND ADOPTED this 290 day of December, 1975. resident of the City Council Approved this © 2nd day of December, 1975. Attested and authenticated: Ein C. Fhaerr city Clerk ~