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HomeMy WebLinkAboutA002 - Acceptance of Ordinance No. 2899 by Iowa Electric Light and Power Company A ACCEPTANCE OF ORDINANCE NO. 2899 BY IOWA ELECTRIC LIGHT AND POWER COMPANY Iowa Electric Light and Power Company, the Grantee named in Ordinance No. 2899 , does hereby for itself, its successors and assigns , accept said Ordinance and the grant therein contained , including the conditions and restrictions therein expressed , said Ordinance No. 2899 being an Ordinance passed by the City Council of the City of es , Iowa, on the loth day of July , 1984 , and approved and adopted by the electors of said City at—a special election held on the 24th day of July_ 1984 , same being an Ordinance entitled : ORDINANCE NO. 2899 AN ORDINANCE GRANTING UNTO IOWA ELECTRIC LIGHT AND POWER COMPANY , AN IOWA CORPORATION , ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE AND RIGHT FOR A PERIOD OF TWENTY-FIVE YEARS TO ERECT, CONSTRUCT, RECON- STRUCT, MAINTAIN AND OPERATE PLANT AND DISTRIBUTING SYSTEMS FOR THE DISTRIBUTION OF NATURAL GAS IN THE CITY OF AMES , IOWA, AND TO ENTER UPON AND TO USE AND OCCUPY THE STREETS , AVENUES , ALLEY, BRIDGES AND OTHER PUBLIC PLACES OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, MAINTAINING AND OPERATING THEREIN, THEREON AND THEREUNDER SAID SYSTEMS FOR THE DISTRIBUTION OF NATURAL GAS OR ANY AND ALL OTHER TYPES AND KINDS OF GAS, CONSISTING OF MAINS, PIPES, PIPE LINES, AND DIS- TRIBUTING LINES , CONDUITS AND OTHER EQUIPMENT, APPURTE- NANCES AND CONSTRUCTION NECESSARY OR INCIDENT TO SAID DISTRIBUTION SYSTEMS, AND TO - SELL, DISTRIBUTE AND SUPPLY NATURAL GAS TO SAID CITY AND THE INHABITANTS THEREOF AND OTHERS WITHIN AND WITHOUT SAID CITY FOR ALL PURPOSES, AND PRESCRIBING THE TERMS AND CONDITIONS OF THE GRANT AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED by the City Council of the City of Ames, Iowa: Section One. The City of Ames, Iowa, hereby grants unto Iowa Electric Light and Power Company, an Iowa corporation , its succes- sors and assigns , hereinafter called the Grantee , a non-exclusive franchise and right for a period of twenty-five years from and after the date this ordinance becomes effective , to erect , con- struct , reconstruct , maintain and operate within the corporate limits of said City of Ames , Iowa , as the same now are or here- after may be located or extended , the plant and facilities for 2 distribution of natural gas , whether said distribution systems have been heretofore or hereafter may be constructed , together with the franchise and right to enter upon and to use and occupy the streets , avenues , alleys , bridges and other public places of said City as the same now are or hereafter may be located or extended , for the purpose of constructing , reconstructing , main- taining and operating therein , thereon and thereunder systems for the distribution of natural gas consisting of mains , pipes , pipe lines , distributing lines , conduits and other equipment , appurte- nances and construction necessary or incident to said distribution systems , and together with the franchise and right to supply, distribute and sell natural gas to said City and to the inhabi- tants thereof and others within and without the corporate limits of said City for any and all purposes , and upon such terms and conditions and under such restrictions and regulations as are hereinafter contained , and such other reasonable rules and regula- tions as hereafter may be provided by the rule-making body having jurisdiction thereof. Section Two. The Grantee shall maintain within said City a modern gas service , with sufficient capacity to meet the reason- able requirements of its patrons , and shall supply same in such a manner as to render efficient service unless prevented by an Act of God , a public enemy, a governmental authority, or by a cause not under the control of the Grantee , and in any such event , the Grantee may adopt reasonable rules and regulations governing the volume of gas which it shall be required to furnish its patrons or any class of patrons . Section Three. The systems for the distribution of gas shall be constructed,maintained and operated by the Grantee in such a manner as not to endanger persons or property and so as not to interfere unreasonably with any improvements the City may deem proper to make , or to hinder unnecessarily or obstruct the free use of the streets , avenues , alleys , bridges or other public places , and so as not to interfere with the sewers , drainage or water system and other utility or signal lines in the City. The City of Ames , Iowa, shall have the right to require the grantee to remove at its own cost and expense any gas main or service pipe which interferes with or obstructs the construction , reconstruc- tion or repair of any municipal facilities or public improve- ments . Section Four. Whenever the Grantee , in erecting , construct- ing or maintaining said distribution systems , shall take up or disturb any pavement or sidewalk or make any excavations in the streets , avenues , alleys , bridges or public places of said City, such excavations shall be done pursuant to City permits and regu- lations and shall at once be refilled and the pavement , sidewalk 3 or other improvement replaced to the satisfaction of the City officials , and in case of its failure to do as promptly as is practical the City may do so at the expense of the Grantee. Section Five. The Grantee shall extend its mains as provided by its most current gas tariff and applicable rules promulgated by the governing regulatory body for customers in all cases where bona fide customers apply in writing to be supplied with gas . The Grantee shall furnish the service pipes from the main to the lot line without expense to the customer , so long as it is not prohib- ited by regulatory agency rules . Section Six . The Grantee shall hold the said City harmless from any and all causes of action , litigations or damages which may arise through or by reason of the construction , reconstruc- tion , maintenance and operation of said systems for the distribu- tion of gas and other construction hereby authorized , including damage caused by the City to the franchisee ' s distribution system. Section Seven. Said Grantee shall have the right to supply, distri ute an se 1 gas for any and all purposes to said City and to the inhabitants thereof , and to charge therefor such just and reasonable rates as hereafter may be fixed and determined by the rate-making body established under the laws of the State of Iowa and given jurisdiction thereof. Section Eight. All of the provisions of this Ordinance shall apply to the successors or assigns of the Grantee with the same force and effect as they do to the Grantee itself. Section Nine. The Grantee shall , within sixty ( 60 ) days after the publication of this Ordinance , signify in writing an acceptance of the grant herein , including the conditions and restrictions herein expressed , and this Ordinance , and the fran- chise granted herein , shall not be operative or binding until such acceptance is filed with the City Clerk. The Grantee shall pay the costs incurred in holding the election to submit this Ordi- nance to the legal electors for their approval as provided by law. Section Ten. All ordinances or parts of ordinances , insofar as they are direct conflict herewith, are hereby repealed. Section Eleven. This Ordinance shall take effect and be in full force an effect , subject to its approval by a majority of the legal electors of the City of Ames , Iowa , voting thereon and upon its publication as provided by law, and subject to its acceptance by the Grantee as provided in Section 9 above. 4 IN WITNESS WHEREOF, said corporation has caused this Accept- ance to be signed by its CHAIRMAN OF THE BOARD AND PRESIDENT and attested by its ASSISTANT SECRETARY , with its corporate seal thereto affixed, this 1.77,, d ay o /�N�u�; , 1984 . IOWA ELECTRIC LIGHT AND POWER COMPANY By �. CHAIRMAN OF THE BOARD A Attest: ASSISTANT SECRET Y I , the undersigned , City Clerk of the City of Ames , Iowa, hereby certify that the or of tr above cceptance was filed in my office on the`'"f h day of 1984 , and is now on file as a part o t e records of OfaidCity of Ames, Iowa. City lerk Af the City of Ames , Iowa SEAL