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HomeMy WebLinkAboutOrdinance 220ORANTiN~ TO MXNNEAPOLIS GAS LIGHT TRAN~ORT,. ~EL~, A~ DISTrIBUtE GA8 ~R NEATING~ ~INATiNG A~ OTHER P~PO~E8 IN THE OI~ OF OOLUEBIA HEIGHTS, ~ND TO USE THE STREETS, A~JE8 AND ALLEYS TH~F FOR THAT P~OSE. THE OITY COUNOIL OF THE CITY 07 OOLUF/tIA MEIGHT$ .00 ORDAIN AS FOL~ws: Section 1. Gr~t of Authority. There 1~ hereby ~nted to Ninneapolis Gas Light Co.any, herein~ter called the "Comply,. its muocesso~s ~d assl~s, for ~ pe~tod of twenty (20) years ~ter the a~ptt~n ther~f, the =Ight to man~act~e, ~mport, tr~port, sell, ~d ~stribute gas for heating, ill. hating, ~d other p~poses within the 11mlts of t~s Clty~ heretn~ter c~l!ed the "City, the s~e now exist or as they may be extended In the future, and for that p~pose to establish the necess~y facilities and ~d to malnt~n a m~acturtng pl~t, gas mains, se~ce ptoes, and* a~ othe~ ~P~ten~eea necessa~ ~ th~ man~aoture, sale, Rnd ~s- t=ibution of gas in Ed along the streets, alleys, avenues, ~nd other public places of said m~cipali~y, and to do ~11 things which are reasonable, neee~s~y, or cuztom~ in the accomplishment of ~his objective, subject, h~wever~ to the f'~ther provisions of this franchise, provided, however, that before the s~id Company shall establish any plant in said City for the man~acture of gas the approval of the City Council of the location thereof, in the exer- cise of m reachable ~seretion b~ said Oounoil, sh~ll be first oOtmined by $~d Section ~. Obs~ructing s~:.ee~. The Comply shall exercise its privileges hereunder subject at ~11 times to the police power of the Oity and ~hall not ~necess~ily ~r ~re~sonmbly ~he use of ,~ injure ~y street, avenue, or alley, ~nd shall, u~on the oo~letien of ~ eonst:uction o: rep~r, restore all streets, ~venues, anR alleys o~ the ~cipality which shall be opened b~ it or its agents or employees for th~ purpose of laying, placing, or repairing its aforesaid gas main~ or ~erviee pipes to ~s nearly the same order and condition as they were ~before the excavation made as im reasonably poseible~ and shall maintain, repair, ~nd keep tn good condition for a period of three (~) months all per,ions of s~d streets, avenues, ~d alleys ~sturbed by tt or its agent~; provided tha~ the thre~nSh period shall be computed from the time of closing the excavation, ~ut in ease of frost before the three-month period ham expired the same shall continue for the mta~ed period ~ter the fro~t leaves the greed. ~Y obst~ction of ~ street, alley, p~k, ~oulev~d~ bridge, or other public plaoe~ or ~y fail~e properly to fill and maint~n a ~treet ~ter excavation, ~ter p~per notice demanding removal or rep~r, a~ the e~e may be, shall be ~aken care of by the City and the thereof shall be oh~ged againe~ the Co~y and may be deducted from ~y Pa~ents due it from the of ~eetton Z. plat~. The Comply, prior to the !~ying~any mains ~der ~hls f~chtee, ~all present to the Co.oil a co~le~e pla~ ~owing the looa~ion, size, ~d estimated cost of all proposed m~ns. F~l~e of ~he City ~o tnsie~ upon this provision ~h~l~ not ~e deemed a w~wer thereof. Section 4. D~e *Ol~m~. The Comply shall lnde~lfy, keeo~ ~d hold the City free ~d ha~le~s from liability on ~cco~t of inJ~y or d~age to persons or property ~owing out of the eon- atruc~lon, m~n~enance, repair, or opera~ion of its proper~y ~nd in event that suit ~all he brough~ against the City, either independently or Jointly with the Company, on mc~unt thereof~ the Company, upon notice to it by ~he City ~h~ll defend the City in ~y ~lt, at the cost of the Company, ~d in the event of a final Judgment being obtained ~ain~t the Oity, either independently or Jointly ~h the Oo~y, the Comply ~hall pay such Jud~ent, with all coat., and held the Oily ha~lea~ therefrom. Seotlon 5. S__~n4~ ,of_:~:ervi,,,,,Cl~. The Oomp~my shall at all times provide ~d furnish an adequate, s~e, and continuous supply of gas to the City snd its inhabitants; p2ovided, that if s:ervice is te~orarlly muepended through no fault or negligent ~ct on the part of the Company, such suspension ~hmll not be m~e the b~si~ of any action o~ proceeding to ~ermin~te this franchise. ~eotlon 6., ~xtens!,on, s ,of, se~.vt,c~. The Company a~ee~ to lay such of its m~ne ~d pipes as come within it~ requirements for suburO~ eer~ce as soon ae rea~nably possible to do ~. The Oo~cil of the City shall have the right to make m~ch reasonable rules and re~latlons as may be necessary to provide adequate and proper ser~ce. ~;eotion ?. Rates. The Oompany agrees for and in behalf of itself, i~s lessees, ~uooes~ors, and assigns that all authority mud rights in this ordinance contained shall at all time~ be ~ubJect to all right, power, ~d authority now or hereafter ~os- sesaed by e~d City or any othe~ ~e~latory tribunal ha~ng jurls- diotlon ther~ver to re.late, fix~ ~nd Control Just, reasonable, ~nd c~mpen~atory gas r~tes~ except ms herein~ter limited. The City recoEnlze~ that the entire ~burban ~e~ adjacent to and near the City of ~lnneapolis, which include~ the City of Columbia Height~ may be reg~ded as a single zone for ~ate making purposes ~d a~ees that the Comply hms the ~t to insist upon ~ ~ifo~ rate for all of it~ cons~'ers in ~d ~u~rban area. &!l rate~ charged ~der this o~in~oe ~all at ~11 time~ be fair, Just and reasonable. Section 8. _~ccounting Re~orts. The Coat, any agrees, on or before July I of each year, to file with the City Clerk a copy of its annual report to its ~eeurity holders for the preceding calendar year, together with a b~lanoe sheet ~ud income state- ment oF the suburban division and a balance sheet and income statement for the City of Oolumbia Height~ on an allocated Section 9. ~_orfei~,,.,~.,~. If the Co~.~pany shall bo in default in the performance of any of the' material terms and conditions of this ordinance arid shall continue in default for more th~ ninety (90) day~ ~ter ree~iving n~tice from the' City of such default, the City Go~cil may, by ordinance duly pms~ed and adopted, terminate all right~ ~anSed ~der this ordinance to the The ~d notice of default shall be in ~iting ~d shall specify the prowislons of thl~ ~rdin~ee In ~he Pe~orm~ce of which l~ claimed that the Co~y is tn default. ~uch no~ice shall be ~e~ved in the ~e~ provided ~y the law~ ef ~lnne~ota for the service of ori~nal noticee in civil actions. The reasonableness of ~y erdin~ee ~ Dae~ed declaring a forffeitur~ of the rights ~d pr!vilege~ Eranted by thi~ fr~chi~e ordinance shall be sub- Ject to re~sw by the United 2tares District Court for the of ~lnne~eta, Forth Division. ~ectien 10. ~_cc~ang~~, The Compan~ shall, within thirty (~0) days ~ter the pass~e off this ordinance, file with the City Clerk tt~ ~cceptance of the ~ne in writing, signed b~ it~ proper officers and attested by its co~perate ~eal. ~ection ll. C~e~.~:~?roM~,~_~_. The Company hereby aceept~ the provision~ prescribed tn Section lO0, as amended, of Chapter lO of the Cha~ter of the City of ~ol~bia Heights, as follows: (a) That the Grantee ~hall be subject to aud perform on ltm p~t all the terms of ~ections ~4 to inclusive, of this ch~te~. (b) That the ~mntee ~all not issue any c~ital stock on ac~t of the franchise or the value thereof, ~d that the gr~tee shall have no ~lght ~o receive, upon condemn~.tion preceeding~ brou~t by the 'city to acGuirs ths public utility exerci~ing such franchise, ~y ~eturn on accost of the franchise or lt~ value. (c) That no ~ale or lease of ~aid'franchlse ~halI be effective ~tll the a~i~ee or lem~ee shall have filed the ~ffioe Of ~h~ city clerk ~ instrument, duly executed, reciting the fact of such sale or lease, accepting the terms of the franchise, and agreeing to perform all the con- ditions required of the ~rantee thereunder. (d) That every grant in said franchise contained of permission for the'erection of poles, masts, or other fixtures in the streets and for the attachment of wires thereto, or for the laying of tracks in, or of pipes or conduits under, places of any permanent or semi-permanent fixtures whatsoever, shall be subject to the condition that the council shall have the power to require such alterations therein~ or relocations or re-routing thereof, as the council may at any time deem necessary for safety, health, or convenience of the public~ and particularly that it shall have the power to require the removal of poles, masts, and other fixtures bearing wires and the placing underground of poles, masts, and of other fixtures bearing wires and the placing underground of all wires for whatsoever purpose used. ($) Every franchise and every extension or renewal of such franchise shall contain a provision for its acceptance in writing by the grantee within thirty days after its passage by the council and before its submission to a vote of the people in case of a referendum. No such franchise shall be finding upon the city until its acceptance by the grantee. Such acceptance shall be construed to be an acceptance of and consent to all the terms, conditions, and limitations contained in the ordinance granting the franchise as well as of the provisions of this charter. Section 12. ~fectiv$. D~.~__~ This ordinance shall take effect and be in force thirty (30) days after its passage. Adopted this Offered by: Seconded by: Roll Call: Ayes: Ail ' Nays; Non0 Sec~etary ~o the Council .27~th day of May, 1947. Ist rdg. ~ay 13, 1947 2nd rdg. ~ay ~°7, 19~7 Nygaard Mayor.