County Commissioner Ordinance - July 1979, ORDINANCE 1� � J ' ��
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An ORDINANCE, granting theYfranchise, license, right, permission
-, and authority to Gibson Water, Inc, a non-for-profit Indiana Corporation
its successors and `assigns;,to construct, extend, maintain, repair, replace,
operate and remove-in�certain�parts of Gibson County, State of Indiana,
a system for the collection, transmission, distribution and sale of potable
water for all'purposes�for which water may be used.
Whereas, Gibson Water, Inc. a non-for-profit Indiana corporation,
hereinafter designated as.grantee, has petitioned the Gibson County Board
of County Commissioners,.asking that the franchise, license, right, pre-
mission and authoiity:be'granted .to it, its successors and assigns, by
ordinance;-.to'construct,-extend, maintain, replace, repair, operate and
remove in certain parts of Gibson County, Indiana, a system for the collection
- transmission; distribution; and�sale of potable water for: a11 purposes for
which water may be' used; .
-� Whereas, said grantee has also requested the right and authority
to lay said water lines and all necessary componts regarding water 13ne
excluding tanks and pYants, on_the right of way of county roads and high-
y.,
ways;
�,�hereas, said grantee has duly complied with all provisions of
the laws of the State of Indiana and with all ordinances of said county with
reference to the obtaining of said franchise, license, right, permission
and authority;
Now therefore, be it ordained by the Board of Commissioners of
Gibson County, Indiana:
. Section 1. That in consideration of the payments hereinafter pro-
vided to be paid and the benefits'to Gibson County to be derived from the
installation, operation and maintenance of a system.for the collection,
transmission, distribution and sale of potable water for all purposes for
which water may be used within certain areas and county roads and highways
and along certain roads of Gibson County, Indiana, which area and roads '
and highways are set forth,in plans and specifications on file with the
Gibson County Cou�issioners and made a part of this ordinance and contract
by reference, all of said area and roads and highways hereinafter referred
to as the franchised area, the franchise, lincense, right, permission and
authority be, and the same are hereby, granted to said grantee, to construct,
extend, maintain, repair, replace, operate and improve a system for the
collection, transmission, distribution and sale of potable water for all
purposes for which water may be used. The grantee may construct, extend,
maintain, repair, replace, operate and remove all necessary plants, works,
mains, services, conduits, pipes,�tanks and apparatus necessary o'r conven-
ient:_for said system;'in., .upon,� over, across, along�"and under each and all
of said county roads, highways, streets, alleys, avenues, bridges, parkways
and other�public places in area of said county which is specifically .
desiganted as the franchised area; Provided, however, that the grantee shall
not have the right to construct above the surface on county property or,
right of way any tanks, plants or works without the consent and authority ,
speciffcally granted by the county Board of Commissioners and this ordin-
ance and contract sha11 not be construed as granted to the grantee the
right to construct tanks, plants or works above the surface on county
property. And further provided that Gibson Water, Inc. first have made
a sincere and good faith effort and attempE to secure the use of private
right of way by� easement where and cohenever possible. '
Section 2. That the grantee is further specifically given the
�ight and authority to construct, extend, maintain, repair and remove
services, mains, conduits, pipes, value.boxes, flushing hydrants and
apparatus on and along county roads and highways in the franchised area.
Section 3. That all servies, mains, conduits, pipes and
apparatus, except value.boxes arid flushing hydrants, erected, installed or
placed under.this grant.by the grantee shall be located underneath the..:.�: , I
�- ` surface whenever practica-1 to do-so,.and.all-of the foregoing,..including
value boxes and•flushing hydrants, shall_be located as far from the road-
way as is practical so to do, and shall be•located, whether in roads, high-
ways, streets, alleys, avenues, bridges, park�aays or other public places,
all hereinafter referred to,as public.grounds, so as not to interfere
unnecessarily;with the.use of such'�public grounds; and all of aforesaid
work done�by the grantee shall be done in accordance with the provisions
of any and all general ordinances of said county governing the excavation
in and repair of.said:public grounds of said"county. That a11 value boxes
may be installed level'with tfie surface and flushing hydrants may be
installed wfiicti'will p,rotrude� above the surface of the ground. All
water mains installed under thi•s orinance should be located as not to
injure or damage,unnecessarily any .said public grounds, drains, storm
sewers, catch basins or other'like impovements, but should any of said public
grounds, drains, s"torm sewers, catch basins, or other like'imporvements be
'. injured by such location„rsaid'_grantee sha11 forthwith repair the damage
caused and restore.said'public'grounds, drains, storm sewers, catch basins
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or other like imporvements to as gobd condition as they existed prior to
undertaking of such work. In case said grantee refuses or neglects to
repair any of said public grounds, drains, storm sewers, catch basins or
other like improvements within a reasonable time after work is completed
and notice by writing of such refusal or negligence shall have been given
by said County Board of Co�nissioners to said grantee,,the County Board
of Commissioners may direct the necessary repairs thereof to be made at the
expense of the grantee and said grantee shall be responsible for all
damages sustained by any person or persons by any reason for such refusal
or negligence on the part of .the grantee; and grantee shall hold the county
free and harmless from any and a11 claims, demands, actions or�causes of
action arising from the erection, installation, placement, operation and
mintenance on said public grounds of all plants, work, mains, services, _
conduits, pipes, tanks, other apparatus, drains, storm, sewers, catch
basins or like imporvements or like improvements or from any cause or thing
whatsoever arising out of or by reason of the occupancy or use of said
public grounds of the county by said grantee, including any expenses and
attorney fees incurred by said county in defending itself against any such
claims, demands, actions, or causes or action. When making excavations
in county roads, highways or streets for the aforesaid purposes or for any
other proper purpose, the said grantee shall erect barricades at the end
of a11 excavations and at`all road, highway or street crossings.' Upon
demand by the county, to be evidenced by resolution adopted by the Board
of County Commissioners, the grantee shall furnish to the county an indemnity
bond in a sum to be designated in said resolution, but which shall not be
less than ten thousand dollars ($10,000.00) nor more than five hundred
thousand dollars ($500,000.00) and indemnifying said�county and its officers,
servants and employees against al1 claims, demands, actions, and causes of
action arising from the making and maintenance of excavations in said public
grounds in the county:
Section 4.. That when any highways, roads., streets, alleys,
avenues, bridges, parkways or other public places, upon, under or in which
any plants, works, mains services, conduits, tanks or apparatus of said
grantee have been places, shall be graded,,curbed� paved, resurfaced,
widened or otherwise changed so,as to maice "the resetting-or reconstruction
of such utility components as plants, works, mains, ser'vices, conduits,
tanks, or apparatus necessary, said,grantee, its successors or assigns sha11
make such necessary changes required by said construction'in a reasonable
time after receiving written notice from the aufhorized representative of
the Gibson.County Board of Commissioners. The county agrees that it sha11
not make any changes which are unreasonable. FSo long as the changes
above set forth are reasonable, the grantee shall be r'esponsible for any
cost included in removal or relocafion,of its'pipelines or other improve-
ments. A reasonalbe time within which��to,make said ch"anges shall be
considered to be not less than 180 days. Provided', however; that nothing
in this ordinance and contract shall be construed�fo� mean that the grantee
shall be resonsible for any cost or removal or relocation of its pipelines_or
other imporvements which are located on.private,property.in,the franchised
area. . - " � .
Section 5. That grantee shall have the right, also, for the
purpose or supplying water service to residents of the franchised area of
said county and in the vicinity thereof, to lay and maintain any water com-
ponents outside the county limits, which if the grantee so desires, may be
formed into one intergrated water utility.
Section 6. That the rates to be charged by said grantee and the
rules and regulations governing the furnishing of services to inhabitants
of said county under this ordinance shall be in accordance with those
authorized by, and on file with, the Indiana Pulbic Service Cocnmission or
other public authorities have jurisdiction in the premises during the
term of this ordinance.
— -- Section 7., That the quality'of water distributed by grantee shal-1
be of such standard as to conform.to standards fixed by the Indiana State
Board of Health and a11 other public utilities having jurisdication in the
premises. _
Section 8. That his franchise, license, right, permission and
authority sha11 be for a determinate period of 99 years. However, should
it be determined that said franchise, license, right, permission and
authority cannot be granted for a.period of this duration, then it is
granted for the maximum period that the Board of Commissioners can legally
grant. Provided, however, that this contract granting the franchise,
license, right, permission and authority shall only give the right to use
the county right of way of said public grounds so long as the plants,
works, mains, services, conduits, pipes, tanks and apparatus necessary or
convenient for said system and on county right of way, do not interfere with
the alteration, use, abandonment or public enjoyment of such public grounds.
Should any of these items interfere with the alteration, use, abandonment
or public enjoyment or such public grounds, then the grantee shall be given
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a reasonalbe period of time to remove said items from the public right of
way. A reasonable time withing which to'complete said removal shall not
be less than 180 days.
Section 9. That this franchise, license, right, permission and
authority is not exculsive. , '
Section 10. That this franchise, license, right, permission and
authority,shall only be assignable with the consent of the Gibson County
Board of Commissioners. ' •
;�Section�•1L� That the °c'ounty and the grantee agree that the grantee
shall secure from the Indiana`Public Service Commission a Certificate of
Convenience and Necessity to construct, operate and.maintain the aforesaid
water utility in the area•it proposes to serve, and that all terms and con-
ditions of thi''s.�or`dinance sha11 apply only to those areas.set forth in the
plans and specifications.of fil'e,with the Board of Commisioners, as they
may be from�time to,time,,for which grantee has petitioned and secured said ,
certificate of'Convenience and Necessity; and further all terms and
conditions of this ordinance shall�apply automatically to such addit�ional
areas within tHe limit's of the county as said county may from time to '
time authorize��ab the;time'grantee has secured supplemental Certificates of
Convenience�'and,Nece"ssity.form the.Indiana Public Service Commission.
.Section 12. That the grantee_shall restore a11 public'grounds to
their original°condition aftei the installation and laying'of the items
necessary foiJ°construction:of the water,utility of the water system.
Section 13. .That the grantee sha11 pay and reimburse to the county
the sum of One dolla"r ($1.00) for the u§e of said public grounds.during
each year in which construction of said system is underway in Gibson County,
Indiana. This payment sha11 also be considered as consideration for the
use of public'grounds in the years in which there is not construction of the
original system and any impr-ovements thereof. Provided however, that non-
payment of this anount shall not work a revocation of this franshise,_
license, right, permission and authority, and the county sha11 only have
the right to initiate legal proceddings to collect any amount due and owing.
Section 14. 'Tfiat during the term of this ordinance, no charge,
tax or assessment shall be made by the county to the grantee for any permit
or privilege to excavate in or use public grounds of the county for.the
purpose of erection, installation, placement, operation�and maintenance of.
all plants, works, mains, services, conduits, pipes, tanks or other apparatus
or for otherwise carrying out the provisions of thi:s ordinance, except for
the items previously set'forth in this ordinance.
Section 15.� That the grantee shall upon_:demand:.by the�county, to
be the evidenced_by:resolution_.adopted by the Board of.County Commissioners
file with the Board of Commissiioners a surety bond; payable to the county,
in a sum to be set by the Board of County.Commissioners and which bond shall
be conditioned on the performance of�this contract by the grantee. 'This
surety bond sha11 not exceed fifty thousand dollars ($50,000.00) without
the consent of the grantee. It is further agreed that if it is legally
possible, the grantee sha11 not be required to post a surety bond for � �
those years during which there is no constiuction or major improvements
underway. - '
Section 16. That title,to all water utility components, including
but not limited to pipes, wherever s�ituate upon public grounds or on ease-
ments for right-of-way or public utility purposes shall be and remain in
grantee, its successors and assigns. Should this ordinance be terninated '
for any reason or at the time at the expiration of the determinate period
of the franchise, license, right,.•permission and authority, the grantee
shall maintain title to all said water utility components and shall have
the right to remove same so long as said grantee.restores all of said
public property to the condition it was in prior to extraction of said
water components including pipes..
Section 17. That if any section or portion of any section of this
ordinance sha11 hereafter be declared"or d'eterm3ned by"any court of compe-:-.�
tent authority to be invalid, grantee at its election.(to be given to the
.county by notice in writing within thirty days after any�such declaration .
or determination) may ratify or confirm the remaining portions of this
ordinance and upon such'ratification or confirmation the remaining portions
of this ordinance sha11 remain in fu11 force�and effect.
Section 18. That after passage and approval of this ordinance and
within sixty days after such approval, this ordinance shall be accepted by
said grantee by its filing coith the County Board of Comu�issioners an uncon-
ditional wr'itten acceptance thereof. Acceptance by the grantee shall result
in a'binding contract,'the terms and.conditions of which shall be binding
upon both the county and the grantee, and both parties shall.have the right
to resolve terms and conditions of said contract by institution of legal'
proceedings, Failure.of sa•id g-rantee to so accept this ordinance caithin
said period of�.time'shall be'deemed a reuection thereof by said grantee,
and the rights and privileges herein granted shall, after the expiration of
said period of sixty,days,, if not so accepted, absolutely cease and
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terminate, unless said period of time shall be extended by ordinance.duly
passed for that purpose.
Section 19. That all provision,s of this ordinance which are
obligatory upon or which inure to the.benefit of said Gibson Water, Inc.,
shall also be obligatory upon and siiall inure�to,the•benefit of a11
successors and assigns of said Gibson Water, Inc., and�the word "grantee"
wherever used in this ordinace shall include and be taken to.mean not only
Gibson Water, Znc., but all successors and assigns;of said Gibson idater, Inc.
Section 20. That this franchise,.license�, r'ight,�permission and
authority shall be effective immedatel'y}upon passage..' .`
Passed by the Gibson County.Board of'Commissio er-s, County of
Gibson, State of Indiana, this ,,� � day of_ �Q�,� , 1979.
Attest:
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