ORDINANCE NO. 2015 - 23 GRANTING A WATER FRANCHISE TO THE UTILITIES BOARD OF THE CITY OF CULLMAN, ITS SUCCESSORS AND ASSIGNS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CULLMAN, ALABAMA, AS FOLLOWS: 1. The words “the City” as used herein mean the City of Cullman in the State of Alabama, as it may at any time be constituted. The words “the Board” as used herein means The Utilities Board of the City of Cullman, a public corporation organized under the provisions of Article 9 of Chapter 50 of Title 11 of the Code of Alabama 1975. 2. There is hereby granted to the Board the right, privilege, power, and franchise to acquire, construct, own, maintain, and operate in the city a water works plant, water supply system or systems and a water distribution system, or any of them, including reservoir and storage facilities, together with the right, privilege, authority, and franchise to lay, construct, and maintain pipes, mains, and other conductors, fixtures and related appurtenances in, along, across, and under the streets, avenues, alleys, and other public places of the City for the purpose of conveying and distributing water in and through the City, and to repair, renew, relay, and extend such pipes, mains, conductors, fixtures, and related appurtenances, and to make all excavations necessary therefor. 3. The Board shall, and by accepting this franchise agrees, that it will upon making any excavations of the streets, avenues, alleys, public ways, and public places in the City, restore the surface or paving at the point of such excavation in substantially the same condition as before such work was done, all as may be practicable and within a reasonable time thereafter. 4. The rights, privileges, power, and franchise herein granted may be exercised by the Board or any successors and assigns of the Board, all subject nevertheless to the conditions and obligations herein contained. 5. This ordinance shall be published at the expense of the Board one time in a newspaper published and having general circulation in the City and the rights, privileges, franchise, power, and consent herein granted shall become effective upon such publication and shall continue for a period of thirty years thereafter. ADOPTED BY THE CITY COUNCIL this the 2nd day of March, 2015. /s/ Garlan E. Gudger, Jr. - President of the City Council ATTEST: /s/Wesley M. Moore - City Clerk APPROVED BY THE MAYOR this the 2nd day of March, 2015. /s/Max A. Townson - Mayor March 29, 2015
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