Culbertson council adopts ordinance granting 20-year gas franchise to Bowdoin Utilities Co.

The Culbertson Town Council adopted Ordinance No.57 on Aug. 3, 1931, granting Bowdoin Utilities Co., its successors and assigns, a 20-year franchise to construct, maintain and operate a distribution system of mains and service pipes in the town’s streets, alleys and public grounds.

The ordinance follows a special municipal election held April 6, 1931, in which the council’s canvass recorded 28 votes in favor and 11 against granting the franchise. The canvass and certification of that result were recorded by the council in Resolution No.57 and entered in the minutes as the formal basis for the ordinance action.

Under the ordinance, the grantee may enter public rights-of-way to lay mains and appurtenant equipment, must repair sidewalks and pavements without unnecessary delay, and must file a written acceptance to make the ordinance a binding contract. The ordinance requires the grantee to place the distribution system in operation within two years of filing its written acceptance.

The council moved to suspend the typical multi-reading rule and placed the ordinance on its second and third readings the same night. The roll call recorded the affirmative votes of Councilmen H.H. Bruegger, E.A. Johnson and L.W. Moen; Councilman George Cooper was absent for the recorded vote. The ordinance was signed and approved by Mayor J.E. Rucker.

The company’s formal written acceptance, dated Aug. 5, 1931 and signed by Ceril W. Smith as vice president of Bowdoin Utilities Co., was presented to the council and accepted by vote at the October meeting. The acceptance confirms the company’s agreement to the ordinance terms and the timetable for beginning service. (The acceptance text in the minutes inconsistently cites an ordinance number; the council’s minutes and the adopted ordinance identify the franchise as Ordinance No.57.)

Next steps noted in the minutes: Bowdoin must maintain the system, restore any disturbed pavements, hold the town harmless for damages arising from construction, and begin operation within the two-year window following filing of its acceptance. The council’s minutes record no additional conditions or amendments to the franchise at adoption.