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HomeMy WebLinkAboutO-200• '0 1 01WILAIM, 1W. Q� ril�;:l.ir,:1S the City of iairhope proposes to construct, maintain and oper-ite a gas transmission pipe line from the Unites Gis pipe line through the TvAn of D!jphne for the purpose of supplying any and Al kinds of :.as to the peoples of Faiihope, and Daphne and to communities, in- dividuale and enterprises along such Can transmission pipe, and to construct, maintain and operate a distribution system or systems to serve ouch proposed gas users; Airi) it appeuring that through the cooper- ation of the City of Yeirhope and of t;.e Town of Daphne gas service may be mode uvailable to the peoples of the two municipalities ut greatly reduced cost, the Town Council of the Town of 4aphne desiring; to obtain such service for the people of the Town of Daphne, did on the 4aay of January, 1950, grant a franchise to the City of Fairhope for the ,construction, operation and nainten- anco of a gas transmission pipe line through and a dis- tribution system within the corporate limits of the Town of Laphne to serve the people of rairhope, Daa:hne and other users of any and all xinds of gas along; such transmission pipe line. In order to obtain the beLefits of gab for the people of Laphne and r'+a irhope. BE: li OhRi,Lg::,L' by the City Council of the laity of k'airhape that the city of rgirhope enter into Fa contract with the Town of Daphne for the construction, maintenance and operation of a -us transmission pipe line through, and a gas distribution system, within the corporate limits of the Town of L'raphne is wordb and figures as follows: OT ', V" U ' Al. .11,1 44 Ilia l::t, C ,U;JY T►i:la ui'�.v iJiiX'DU.A G. :air ..a;.. 1, rlt,A(iH .�rto entered into by -ind between the City of �'�aixr;r�;x3, u muniotpril uor- poratio:j, sand tl,o o =n of Wchne, �A munioipal oorpor ution in County, on t'lis Ole 23rd o4y of January IiAT the city of rairtiop© ;)roposes to conatruet, malata.in un(► overute a cuu traneuiu! ion pipe 1111e froil the United Gas 'i'ipe Line through the To,4u of Daphne for ttio :urpose of uupplyin,! natural :,,;As to the peoples of c4irh.pe, #And La -;line unu to aoiTuuua1Tiee, inciv- iduals ianc, enterprises elon„ such { hs traas,als :;fon kipe, and to ounstruot, i=aintain and o,per-ite % aistribution system or systems to nerve such proposed gua usorn, in., to issue as revenue bon:.s to eoUstruot the sume and to secure quote bonds by deed of truut, c:itn Vie Aercharito •3at:ional hank of :.tobilo an trustee; "i,j"A , the Town of La; hne slid on the o2 Jday of January, 1950, r'r�ant -.A fraactLISO to the City of �f'� lrhope for th r o anotruotion, operut.iori, -ind Piaiatenanoe of a natu �sl grays traneraission pipe line 'inc dt..st.r•ibut, ion systa,a withi:, ind throu h the 'i'o;tira of 1.arkne, to servo the people of Falrhooe, Laphne tad other users of ;,;:;.as along such transaission p1pa line. It is hereby - C_rood by =and between them ate follows; h Icc:�t': �ju lon,.; AS su011 franchise aball be in force the Town of Lapltne will not give, grant or sail w frunc:;ise or u permit to any other parson, firm or corpur- ut,ion to operate, nor will it opor to a sia:ilar or aoruuet- inc. servioe. The object of such fr4nehiae prantod by the Torn of baL:rine to the City of r ai rtiope is to obtain Par the Peoplo or La �hnr the benefits to be , erived from a as service, 64irbope proposes to clijastruot, ia.- main 2 • and operate a gas syetQ,n for t f: e Clty of riir1lope, :and Town of La?lhne ano for ineorl.,orated or uninoorpor.�Jted T01-ins nn.: communities, -ant' inc:ivic,unla or euter,prtses in o,,)ldvrin County, which may be econo licglly serviced from its ; ;s transc«issioa lines :uw to finunoe the 9-Tie by tho issuance of iL9VG11Ue Anticipation house Anc to plede,e auoh vystera, includin;�, that portion thereof in the Town of Daphne, -10 Security therefor, ►nd in the event iL is able to Issue such bonds acid to pruuure a satisraotory oontrsot for the construol ion of said system anu to procure a 03ti8f3otary contract for a supply of gals, it will cun3truoL buoh gas tranamiki6ion pipe lzne and distribution sy:itein or uystoums, includin; . o ciistrib- ution system in the ioun of i&Aine, ►:ut it ahull not be required to eonatruot, ailntai,i and operate euch a nor- viae ire the event it shall be unable to sell ouch bonds crud to enter into auea oant.ructs. In the event auch systezi is constructed, inaludintr a dietributian system in the "Town of Lai>hne, r'airtr:,,aa uhtill iiave this rI ;tit under such franchise to construct, oper-ite anL ,nnintain the said ,;as ayste,a <-Inc fro.:i Li,.ie to tLrre to :),UlarCC .and ezteLd seiu ayate:: :within the Town of La ;t►ne, so :car to reac;cr to the citizens of iapiine ouch service :ind to charge reason-ibla rateL for suoh service; but Ljuoh rates within the Tov,u of va_i hne shall .scat bo ere tter titan rites changed within tho City of-cAiihope. much rates away be lowered or raised, whenever, 2n the opinioi, of tte City of Pslrhope, it sh�All be proper to so do. Fairhope shall not be required hereby to construct a distribution system withi=i toe 'Town of ya:lhne unless anc until one hundred or more users ralvall India -ate their desire for t aca oervice bj maxing the required oustbmera deposit, rairhope shall cause the contractor to mine all repairs to and restorat- ion of streets damar Ha in the ooustruotion of suatt system in like rusnner rind tinder liko conoitio.ns it sh-ill re.,uire of the contractor in the construction within the City of Fairhope. 3 ouete j'ranofifve rai;ted by the `'e:xxx of La�,hno to the cfty of .�1Fiir-t..►pu injof'ar as it relates to the con- struotioa, oiinarship, operation, aainLenance and ealarp e- rent of the :_;as transmia,sion pips line throu-.�:h the `roan of j.aphne, is irrevocable aiia subject only to ouch rights IIs the Town of DaPhno may acquire therein under this agren7aent, ouch franchises insofar as it relates to the conatruotion, ownership and operation of a distribution -as oystem ulthin the torpor-iteg limits of the Town, of La )hne is Subject to thla agreeciegnt providil2f, for the ultimates Ownership of such distribution system by the Town of A a j,hne . If lcairhope shall not v;ithin twelve months hereafter eo::.menaeg eonatruetion of ti o k;ns system, fran- ohiSe for wfiior wati granted by the iw.n or i aphne to the City of r'airhope as aforesaid, such franc,­ise r:h}.11 lapL;8 and be null and vol(!, In the ovent fiuex, system shall be oun� truoted, rAnd within six months tifter thn cryapletlon of tranamissio.n line throe.,,h the *l:o.•.n of Lapbno, the City of Vairbore rhall not have constructed or be in the process of aonstructin„ a distribution srstoat 'within the eorporsteg llmit6 of ton Toi,,n or Da Inns thon suofi franchise for tee e-:)natruotion Find ol:erati:;n of a distributioa system within the oor?or ite lt1alts of the `. m.n of 1-1n; hne ahall lapae and be nul.l .::nO void; but, the franohiaeg insofar us it relates to the gas transmission line throu=h the Town 01" Ua ihne shall be fine remain in full forae sincl effeat. In Wie ove3nt iairhoi;e shall oonstiuet UQ gas transmiswion ;pipe line ttirou,:;h the To-iai of La ,hno, but stisyli not construct a distributiou system :within the: oorporAte li.aiits of thw Town of La,nac, ant, it,a frana-:.iso shall lupaea as lbove yrovided, _irld Laphue c;hall thereafter detor- mine to construct a clatribution : ysteia y.itnin the corpor- ate li:aits of t,re lob.Ai of Lu hiie, tho City of r Arhuve a��rees ttv� i it %Hill sell. Lo the 706n of ua,A,,nn a one -tenth interest in the L i,ortioz of the 0;uu transkulssion ;aipe lines 4 • between the Town of llaphne :Ind tl�e b ,u.roe of supply, the purohase price to be OL"teath of ttc cost of the entire 980 transmission Pipe line is determined by the amount Paid to the 0Outract0r for such construction. THIhL: Until such time as i'aj)hne anal, ao:.Luire the distribution system �yIthin the corporate limitu of the Tawn of Lapbne and an interest in the transmission pipe line the revenue cerive:; from the operation of said natural gss system proposed to be constructed, whether operated by the City of inirhope as an entirety, or by the City of iairhope and by the Town of Dal.:hne unter the lease Agreement heroin provided, &hall be used as provid- ed by the ordi, aaoe :authorizing iouLiance of, and by the deed of trust executed by the City of airha to secure cas revenue bones issued for the purpobe of ooautruoting such &as system, The Town of La',hne shall ae<juire tt a owner- ship of the natural -sacs, distribution system Aithir. the corporate limits of I,aphne any: one -tenth Interest in that portion of the natural gas transmis3:,ion pipe line lyinJF,, between the Town of Daphne enr the tTait.ed Lass , ipe lice, the 60sree of supply of natural gas, in either of the following manners: (1.) Shen throuf,h the operation by the City Of r'airhoPe of the eaLlre natural eas system the bonds Issued for tine oonstruvtiOL of tn.o +yam® shall have been paid in full, principal and interest. (2•) 'lh a ,�urohaso by tha `awn of Laphne of such distribution system and .ouch intereat in such portion Of gaiu transmission ripe line. (30 ;hen i:a;.,Aane, having elected to lease the uictribatiou .system within the corporate licaits of the Town of 1 uPhns, ahsll have p,Ad in fall the u ie-tenth of the principal -j.nu interest of tue bonds Outstanding rat the tir9 it shall elect to lease the Some, an<i any %nd • all other asuounts roqulrud to be pain by Lavine curler tree lease :3` reu went. . hen ya ,hne uhall aor uire the oxner3hip of said distributLin system and interest in said transmission pipe line, tho City of 'O'airhope will by appropriate in- strutaent convey bhr stLgo to the 'iov n of Daphne. sifter it shall iiave ciequir©d the ownership of the aistribution system and the interest in the transmission pipe line Laphne shall at all times be entitled to (as3 from such transmission pipe line to supply its aistribution ayntem In such c,uentitien -is shall be required by it up to the amount of one -tenth of the volume delivered by the uource of gas supply into such transmission ;pipe line. Vairhope strall continue to operate and maintain such tranamissior, pipe line and mak o available to Dapbne one -tenth of the volume delivered by the suurce of gas supply into such transmission line. Lapiine will pay one-tenta of the cost of operating, repairin(r, and aaintaining such gas trans- mission pipe line and one -tenth of the cost of odorizing ras therein, and one -tenth the cost of insurance thereon, and for all gas lost in trans,As3sion, payments thereof shall be mde upon presentation of bill thAre:for. r0lo TIT: Tt�st portion of the natural ms dis- tribui,ion eyetem within the corporate limits of the Town of Daphne aLall be so constructed that t t,ho oa:we may be separated from the other I:ortion of the distribution system and operated as ft separate unit anu tr«jt -,as may be metered to it from the g,,esa transmission pipe lines. i I'I,Tj:: The 'Town of Daphne hereby reserves to its self 9 and the Gity of Zainco pei hereby grants to Lhe To%n or liaphnee, the right and option Lo purchase that portion of the said ;proposed natural gam distribution nyste,a within the corporate limits of the Town of Ls iJ,ne 6 • • and a one-te.ath intcreat i t t#sat portion of thf,� j-;as trarls- AisasioA ,pipe line: lyi rt,,:' betUeell 1.t10 'i o4: n of and the United teas ,pipe line, the source of supply of natural gas, on t�ebru:3ry 1st, 1955, or at any ti;a thereafter, upon the `1OWI) Of Iva 1MO U payint: to the %jit;j of .4'a1r11O .e one -tenth of the principal rciainir , of the un,_pai4 bonus i:�suea for Leo conatL,uotion of such :ass ; yatcra and one - tenth of all posit t=uo interest, if any, ono one -tenth of acorued interest to the uate of cx(cution and delivery of a proper instrument pass3inr ownership thereof to the Town of Layline. If Laptne shall elect to purohaNc* the said bis- tribution syste.M sand interest L-i such portion of the trans- mission pipe line, it shall by resolution entered in the minutes of the Town Council der chase such intent rand it abull :ivo written notice to the City of !nirhorle anu to the trustee for tho bon4holdors of its intent to purah,ase the s,sne, NailCh .not? oe s h+.ill be in the form of copy of such resolution of the Tm n Council of trier owe, of Laf:-hne, duly certified, cao aoi�y of �Jiieh ef►.all be de- livored to the Gity of t+'airta:.:,;c� ind one copy to the trustee under the zafores,aia deed of trust, aad ailch notice +almll ate to V,,e elate th it it is Izoposed to coiasumfite such ,urahaoe, Va;rhne satlall, dt its al:n expense, install a proper iueterlwg, :.iyste_, to ,peter t ;e ,,is ulatributed through that portion of the syate.a vvithin the corporate lirait6 of the Town of Wphne, and the an-mo shall be ready for operation on the uate of Its purchase. ithin ten clays after the receipt of suoh notice the City of kairhope sane the trustee raforet3 alu shall auvise I,, a;)hae is zriting the amount of unpaid prinalo.A1 on such bonds and the amount of interest in ►arreirs, if any, ancx the amount of intoreut trait, :,gill have acoruec► to the pruoussed date of purchase; Cana on such c a to Lila Town of 'V; iip1Rne sr.all pay over to the i:ity of ve.)irhn;:e tnu burch:ine ;rice above pro,. ided, upon the eelivesry to it of ,a proper in- atrusaent or eonveyx,noe as aforebaid. 61071: `.t'he Town of La,,hne hereby reeorves to its self, tins • the City of ?airhopo does hereby gr.-jnt to the TQ`r:n of Dal,hue, tie right and option to lease the P.-as distributiou systoja vithin the corporate limits of the Town of L30ae, ou the completion thereof, or at any time thereafter. In the event the Tahn of DaAae Jft3ll elect to lead a the uaid portion of the said distribution system, it shall do so by resolution e►atered on the minutes of the Town Qounoil and it ahall dive uutice to the City of Yairhope and to the trustee under aforesaid dead of trust stating, the crate it proposes to leave the sa;-ue, wblon said notice shall be delivared at least ninety days before the date it proposes to lease tho sarw. ►,thin ten days after receipt of such notice Fairhoro and the trustee: shall advise Daphne the amounts and dates of rental payments herein provided. In trio event that Daphne ntaill elect to lease the aforesaid portion of Bait.: u; attribution system it Shall pay as rents), therefor each month (a) cane -tenth of the amount re:4ulred t;y ' airhope to be paid into the "Gas ;: ystem Bond and Interest Redumption _Fund" as provided in eotion 2 of z,rticle V of the proposed deed of trust se- curing the bones Issuea for the oxistruotion of such system, and also (b) one -tenth of the amount required by Vairhn��e to be puld into the "Gas 6yotem Operation sac. Maintenance Fund" required under :>eption 3 of s=aid Article V and (o) one -tenth of the wmount, re .;ulred to be pair: by tiie City of into the "Gas system Contingent Fund" as pro- vided in �eotion 5 of saiu t'article V, ane in addition to said monthly paymonts provided above the Town of UapkAe shall also pay to the City of eairho e, %heiz and is the same shall be billed to it, (d) one -tenth of the ajnount spent by the City of Fairhope for the aairitenanee, repair and operation of the entire ;as tranamissiori line and (e) one -tenth of t rte cost of odorizinJ gars wid (f) one -tenth 8 0 • 4 the amount paid for innuranoe on entire rsae transmission lino, provided for in the aforeuaV deed of trust, <ind as a part of the rental for t►ie gait: portion of bisti ibution system the Town of DapLnc shall also pay to the "itq of Fairhope for (V,) all gas metered to Daphne, (h) one -tenth of the gas lost in transmission, all eab to be paid for at the saiac cute t,'I,�)t the City of' purchases gaS from the United CYas Vipe Ling Company, or at the salve rate it pays for gag, r b-atever tho source of supply. The gas lost in transmission bhell be determined by the deduction of the t-:as meterad to the Torn of Dad hne -anci to th*Se services; by the City, of -�'airhoi a fron th.e sus !tetered to �-uirhope Ly tho United Cau : ipo Lines Cotiptiriy or try the o.�ncrs of the source of such Os- `i'he rentals pruvided herein to bo ;?aid by the 'fov.n of Laphne to the ut.ty of i+airhope for rental of the distribution system within the corpor4to limits of the Tov.n of Daphne and use of the gas transmission pipe line for E;,,uu to to distributed throur,h distribution sy:atem shall be pall- aolsly out of the revenues derived frog, the oper:jtioa of Buoh distribut- ion system by the Town of Ld;;;hnc ►,nd nothin herein shall be construed as a pledge by the ' ,vein of Lanhne of its. tax revenue or revenuo froci any source other than the distribution ziyzten for the paYMeInt of the rental herein provided. Upon j•a,,tzue's :teasing the atstribution system as herein provided and so lone as it shall operate the saute it shall be entitled to das .froi, such Gas transmission pipe line to supply its distribution tft-teia in ouch quant- ities as shall be required by it up to one -tenth of the volume delivered by the source of eas supply to such sae transmission pipe line. fairhope shall contil.ue to oper-ite the transmission pipe line and intake uvailable to i•aphne one -tenth of the volume delivered by the source of gas supply into the gas transmission pipe line. In tho event La;±hne shall lease the distribut- ion system «ithin tra oorporute limits of the ' own of Daphne, it at Ito own expense, shall instep a proper metering syste.<: anu at its own expense -.hall operate such distribution system, keep Lhe same in repair and maintain the sajan and keep all reoorrasa and books, tt.;ve all uudits wade, maKe all reports -,nc: apply tall revenue in the manner required by than bond orCinanoo and the deed of trust under which the pity of rairhope chall issue bonczs For the con- s3tructior. of &,uuu ays3teiu. The ruporte roquired to be made, shall be nude to the ulty of ,.airho,o una a:. yies thereof furnished Lu the trustee for the bondholders. And its operation of Luo suiu Cisxtiibution Lyst04i un4 its :rooks kept trier6of shall be avaiiaUle to the dity of llaijho .e ano to suoh trustee, and to the bondholders in the same saamier una under the sanu ouriditioii:i uau fur the same pur- poses as the booms and records of the V'ity of LrairLope are availabie to auOL trustee and Lu the bond ilaers e In tree event Lidphne shall be and become in default in the payment of all or any portion of all sums required to be pain by it as rauta.l under lea5ev or uny oue of Lno u<a::ie , or any portion Lt,eri.:of, "r.6 remain in default for 30 days Lhe Jity of Vuirhope, after 30 days notice to the '1 orvo:., of ''aphrie t;iivn in irltia of its in- tention thereof, shay unless paytaent is 1114-ide Within such 30 usapsa, cancel and unnul the lease a reaiaent anu retake possesSion of the Gain, distribution systea. anc operate the sadme under tt,e franc,,ise ,;iveu to it by the 10"Ja of La�Ane, but iii such event the proceeds tttierc,oi mall be applied as apeaified in its Mona orciinanoe Banc need of trust and such default on the part of Daphne SlUall not be construed to forfeit or to have arutulled or abridged the provision in this agreement thit after the payment in full of the bonds issued for constructin; such distribution system and interest in the transmission tripe line the s.aine shall heoome and bo the property of the Town of Daphne. 10 The Town of Laphne sh}31J. not transfer or assign its rieilt to lease the nfornsaid distribution system pro- vided hereunder eyocpt to a gas utility boird or to an organization or agency organized by the Tour. of. Laphne under the laws of the Mate of Alabama for tna operation of muniei- pal gas systeas. ire°:'_ : .�henever Lantinc. ac .uires the owner- ship of the sai� portion of transmissnion line ind the dis- tribution system within the Tov?n of Laphne, or shall lease the same an herein provided, ftirt►ope will pay over to i a,pftne n ll customer's deposits held by it for gas usE;ra within the corpornte limits of the 'Town of "aNhne, to be tinlr by the said i'oiin of cubjeot to the rights of t:w aepositor thereof. ,.I,,'TF: From and sifter the uc,Fuisition by l:aphne of title to thn di.Ltribution system vithin the Tow a of Da�hno the franctice grAnted by the `"oven of i�aphns to the City of �Iuirhope for the installation, ownership end operation of such distribution syntem shall lapse and be null -xnu void and no lon-er in force inc offect, but oef;uiaition by La;hne of title to tt;o distribution system and interent in the transmission lino sh+::ll not impair, abrogate or annul the franchiso, by the Town of Da rhne to thA City of c'airhopo to ow7i, naintain, a- notruct, enlarge and operate the Uis3 tr-unswission pipe line through the Town of bapbno, but t► c franc,Asn as to such gas trans- Ubsion pine line shall be nud remain in full force and effect. =N.Th: In the event it shall become necessary to increase tie capacity of that .portion of gas trans- mission pipe line lyin;: beticenn i s tine ant, the source of supply, the coat tl;ereof shall be paid by the +%ity of Fairhope nna by the `T'o%n of barhne in the proportion that the noeds of each has increased beyond the proportions speoifier, herein, that is, if the need for increased ca- paoity small be solely uue to uhe inor®aaed needs of Feirhope beyond its ninety pox- cent of ti:e Capacity of such trOnsmission line, a'alrhojie shiill pay tl a entire cost, unu if ti,e iiecd for increased capacity shall be due to the increased need of Lanhne heyonC its ten pe,- cent proportion, � :!_ne � h�1.1. ry tho entire coat; but if Both ehull neod increased capacity, then the cost of inoreuain6 such oaapacity shall be borne . y ttiem in the Proportion that each n:ea•ds such, lneroa.,ou capacity. If liraphne' a Inerearira needs shell rec,ui re t:: r transmission li,ic to be enlarged before Caahrie hall .have acquired maershin or shall leraao as Herein providoc, then the oast of skah increased nerds oh,41 tie add.eed to t,ho cost to LlaLhno in tre acquisitions. or ow1prohi i, or if leased to the 3aauunt of the rental requirod to bo ,mica bj Daphne. 4r wle ;A";i+.rce of sup.;ly eoritem';1oted Uhall f'ril raa d a diffOraut Dju 0o of t;uu ajt all beao:Jin neceou.=)rj the munici- dalitiod, a1;rtiou to this, auattict, :+ham ll >.,y the cost tt,arGof one -tenth by )aPhne : nd ni.ao-tenths by �' ,irhope. T'JF,',* l: in t;,,,Az; aareeiwnt botween. the amity of iinu the TO'"A Of L!APhad Uii^ll be con- strued is uny manner to inviliucate or to xUrid3e t1,.e rights o:' the oluor:; of i,ho bundj is�,,ueci bj the ity of i+airhoj* for Lan �urrouo of oons�truntin- t1jo a,id sy3te a or to 14 ;altex ux increase ti,o tr.:stees duties or responsibilities or lirabilitie.a under said dw 3b of trust any the Twun of A ca,ditne does hereb j ratify .and vu-ufir.r, the provisions of the City of Vuirhope ordinance ari:i deed of trust issuing and securinZ a„ivi. Londa :s fully anaa as 004,pletely as if than same were incorporated nerein: drid any provision in this ttjreaiaeat in conflict ,jjith tj.e ,-revisions of such ordinance cams deed of trust shall be invalid insofar as the s agie %Oulu Invalidate or abridge the rights of the holders of such bondo, or to increase the liability or the trustee under the deed of trust executed by tte City of Yeirhope to secure bons issued for the purpose of con- structinE such system. .12 ;1,"i11t: The Town of Daphne does further contract and a�;rea thet, in the event it shall ao,suire the distribution system within the oorporate liciits of the Town of Ueajhne and the interest in the &As transmission pipe line, it will not u�ll or otherwiGe dispose of the setae without first-ivinU, to the pity of �Arhope the riLht and option to purchase the same at the price and under the terms and conditions Unptine can sell the same, ,nu in the event it obtains an offer therefor it shall advise the City of lairhope in uritin3 of the neuae of the proposeau purohnser, the proposed solline,, price :ana terras of sale, the Uity of i'airhope shall have 30 nays there- after in which to ezereiso its option to purotase, the exercise of which shall be by resolution passed by t1:e governing body of the Uity of l+airhops, oopy of whioh duly certified delivered to the To*n of 1japhne* eairhope, having., exercised its option to purchase the se..,sea, shall have 90 days after notice to Daphne in v.hioh to consumate the purohnae of such property, T..41..r'Tb: It is now contemplated by the munici- palities to this contract that tile f;JS syste.. to be in- stalled shill be natural -,3s provided and so long as nnt- urcal ;�aa shall be available ranc it shall be econoUcal and expedient to use the same, but the intent of this con- tract and the objective sought to be obtained is a Gas service to the peoole of the two municipalities. If rat any time it shrill be more economical and more feasible or advaatageous to use j;as other than natural ,gas this con- tract is and does cover rite same anti whenever the words gas and natural gas appear in this contract they uhall be construed, to icolude ranGy tjnd tall ants of Cas, and this oontract authorizes the mats ilution, construction, main- tenanoe, repair an6 operation of any :anti all ways, moans, devises and processes for the taoc;,ulsltion, produotion, tranamission unu distribution of of any and all kings. 13 :t:Tii: 1he3 price for purerasr b.�:- the Town of Laphne of thc: eistriuutioaa :yster., vsitt.in tht3 oor- pox ate lirait:: of the Tov.n of LaT,hne anC of tho, interest in the transmission line as hercin '3rovided ind tite rent- als hor-in pz-ovice o for lcur ing of t i-v ©zit, ire bused upon the eUtii,..-stet number of potential ouatO.Nrure:-ithirs the corporate of the iova of Lapn.nea as they now exist. In the event tho a orpor ite limits, of tits, i o6ar, of L ap11as ahcll be onlurge:d at auy ti ae eefor,-I i a,. hne sr:all Furahrase under t:1iis o..l.atraet or tit any Line before or eurJnU the tirae Laphno shill be, lc.asiKwj under this cintract then WIG purChA-JC rl YOQ -4n(t reataly shall be irors.t, t;c:: in an amount e3yu;al tj the icaiz vnc reu.�oL-L lble vialoe of Lire gas oystew o.,r e" Ly he 'At�f of X n:ixii;40 t. iTits '-J .o t `,crritory uuue4 to the To%,." of : -.phn(: by tiro exteusio,, of ti�u cor- porate limi.tz.. If tiioa! chall, not bo ublu Loa ,re;: as to tLe value of Lae sa-iu, tat the re._,ueat of cithcr j)%,rty Wie 'ubilo ..eJiue J0L'�132'iOil a =t'tt.w �-,L:xte of or tauoh otuer bony or Ct,,orioy oporlt!n- in Lao otato of Alabama navins re,,,ul-i rtury pmvesr over diatributioa utility OuLapanyu uhall dole zAaLte ana x'i.: t.lo vaius cl orouf; and in -6ho evean U of 2 UM-1a:ao 02 tho da-Lu Lu�,iAno ali all ;say uv aMount uo daturaluad by :t juh boa f; ;;tuu in t `ia vent it email 1011t W10 Jta:Ae, ItZ rentali :jnEall bn inore:abed in an umount ha L i».li pay tne City of r nirnope tadc.ition- al rentals equal to tine principal and interest at the ruts of four per cant per ana= ou ouch .amount within the time realainin,:; in ijiich WIG Uty* of _�airho,e has for tits payment of its uunds3 issauac. for L,,Ie cunstra etion of such dysten. ouch rental to be distributed +anJ pfaytble in same ratio and in Age a.anner anu at the ti .e provided herein for the p"ycrenL of rentals. F,A '1':� �`T,': 1his cu.tract has been authorised to be executed by ordinance of tho City Council of the City of rairnoAe, c:uly adopted anti entered on its minutes of its ace3etin; on January,"41950, and by ordinance of 4,he Town Uouncil of the Tovin of Lsphne, duly adopted and entered on itt minutes Of its xecting of January 1950. .i:Tlt; This contract shall be in full force and effect r+hen signed by a majority of the members of than governiAv, bodies of the oantra otin�_ :auniaipalities and their respective ueals attached hereto. II. A .:";it':,t�}f' the : tIniOlpalities of y airhope ana Lu,chnc: have caused these presents to be ex- ecuted in the na.ue of the contraotin,; municipalities by the members or the ;overnint, bowies of such juunioipalities. MAKI AS WMWAe BY Uu uQ1M, BY JounollZmn BY ounc 1mon BY U ounolfaatl Jy 6 a uti:: i LZA '.L,o:,Yn jlerc ui tt.0 ;�a phne o ify 4:ot11u 11iiiati BY BY BY 1, 6UnC:Lli:i'M 13Y (. J ai l+: 117 n r�a Uity, w^t —OT tho uity o yairhote STJT OF dL ► ,1%A i3,,...I+ ':IN � -414"r f I: ►.. C. Beebe, irotary 4 ublia in ..inu for said estate and V'ounty, hereby certify th_t whose na,aes as , of the iov-n of LapAne, are signed to tse roregolaj,, Instrument and w:,o :ire :.nown to me, tack- no;hledr;cd before me on tale nay 6h•at using lu or,aeu of the eontauts, tliey 1n t.ieir aakaoity as ueit officers executed the saiae vulun.tarily on tun uay cne sa.a ue,r5 date. Given under my h>ind Ana of, icial aea.1 this the day of January, 1950. ` ut:ary .,'ub ig .-Tito o -15531; a large. 0. joebe, .iutary ,unlit: is anu 2or said %it -ate sAlw liuullty, 1jereD4 oortify alut whose nuiAes as , of tjie amity of gairhope, are signed to the foregoing inui.rument :gnu whu are known to .ae, ack- nobleu.ged before me on thin uay that beirn{ informea of the contents, they in their oupuoity us uuoci officers executed the same voluntarily on the Lay the swae bears date. Given under my hand :end official seal t�.is the dray of January, 1950, rotary rubl c, estate of Ilabuaa at large. ,►. . M T And the proposed ordinance having; been read in full Councilman moved that unan- imous consent be given for ifwnaediate consideration of ann action on said rdinance, which motion was seconded by Councilman and upon the motion bein; put to vote the following vote w:is recorded, Yeas: The Mayor thereupon declared that the motion for unan- imous consent for the immediate consideration of rind action on sAid ordinance had been unanimously carried. Council- man ( ,l thereupon moved that the said ordinance be finally adopted, which motion was seconded by Councilman C2'd'dm4.d 1 , and upon the motion being put to vote the following vow was recorded: Yeas: Pays: . The Mayor thereupon announced that the motion for adoption of said ordinance had been unanimously carried and he there- upon signed the same in approval thereof. . . . . . . . . . . . . . . . . . . Thero being no further business the meeting adjourned. ATUST : GZitc.st. Qity Clerk