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HomeMy WebLinkAboutA009 - proof of publication dated August 13, 1984 public enemy, a governmental authority, LEGAL NOTICE or by a cause not under the control of (X�� the Grantee, and in any such event, the ORDINANCE NO. 2899 Grantee may adopt reasonable rules and regulations governing the volume of gas Proof of Publication in The AN ORDINANCE GRANTING UNTO IOWA which it shall be required to furnish its ELECTRIC LIGHT AND POWER COMPANY, patrons or any class of patrons. AN IOWA CORPORATION, ITS SUCCES- Section Three.The systems for the AMES DAILY TRIBUNE SORS AND ASSIGNS, A NON-EXCLUSIVE distribution of gas shall be constructed, FRANCHISE AND RIGHT FOR A PERIOD maintained and operated by the Grantee OF TWENTY-FIVE YEARS TO ERECT, 4in such a manner as not to endanger CONSTRUCT, RECONSTRUCT, MAINTAIN persons or property and so as not to AND OPERATE PLANT AND DISTRI- interfere unreasonably with any improve- BUTING SYSTEMS FOR THE DISTRIBU- ments the City may deem proper to make, STATE OF IOWA, STORY COUNTY, SS. TION OF NATURAL GAS IN THE CITY OF or to hinder unnecessarily or obstruct the AMES, IOWA, AND TO ENTER UPON AND free use of the streets, avenues, alleys, TO USE AND OCCUPY THE STREETS, bridges or other public places, and so as d p,.�,�,=A�.`A AVENUES, ALLEYS, BRIDGES AND OTHER not to interfere with the sewers, drainage I btO bGy_k 1§m *K Verle H. Burgason, PJ11 . PUBLIC PLACES OF SAID CITY FOR THE or water system and other utility or PURPOSE OF CONSTRUCTING, RECON- signal lines in the City. The City of JgWtZWX On oath depose and say that I am STRUCTING, MAINTAINING AND OPERA- Ames, Iowa,, shall have the right to TING THEREIN, THEREON AND THERE- require the grantee to remove at its own co-publisher, pq3CbaxIjc=Jawcvwxof the AMES UNDER SAID SYSTEMS FOR THE DISTRI- cost and expense any gas main or service BUTION OF NATURAL GAS OR ANY AND pipe which interferes with or obstructs DAILY TRIBUNE, a daily newspaper, printed at ALL OTHER TYPES AND KINDS OF GAS, the construction, reconstruction or repair Ames,Story County,Iowa;that the annexed printed CONSISTING OF MAINS, PIPES, PIPE LINES, DISTRIBUTING LINES, CON- m any of aunicipal facilities or public im- DUITS AND OTHER EQUIPMENT, APPUR- prony mu City of Ames - Ordinance No. TENANCES AND CONSTRUCTION NECES-._ Section Four. Whenever the Grantee, SARY OR INCIDENT TO SAID DISTRIBU- erecting, constructing or maintaining 2899 TION SYSTEMS, AND,TO SftL, DISTRI- g. BUTE AND SUPPLY NATURAL GAS TO said distribution systems, shall take up SAID CITY AND THE INHABITANTS or disturb any pavement or sidewalk or THEREOF AND OTHERS WITHIN AND make any excavations in the streets, WITHOUT SAID CITY FOR ALL PUR- avenues, alleys, bridges or public places of said City, such excavations shall be POSES, AND PRESCRIBING THE TERMS 1 done pursuant to city permits and regula- was published in said newspaper for AND CONDITIONS OF THE GRANT AND tions and shall at once be refilled and the R PEALING ALL ORDINANCES IN CON- pavement, sidewalk or other improvement F ICT THEREWITH. replaced to the satisfaction of the City consecutive weeks,the first BE IT ORDAINED by the City Council of officials, and in case of its failure to do and the last Of said publication was on the the City of Ames, Iowa: as promptly as is practical the City may do so at the expense of the Grantee. 13tb day Of Au u t Section One. The City of Ames, Section Five. The Grantee shall Iowa, hereby grants unto Iowa Electric 'extend its mains as provided by its most 84 Light and Power Company, an Iowa corpo- current gas tariff and applicable rules 19 ration, its successors and assigns, herein- promulgated by the governing regulatory after called the Grantee, a non-exclusive bod for customers in all cases wherei[/( L franchise and right for a period of twenty- bona fide customers apply in writing to five years from and after the date this be supplied with gas. The Grantee shall Sworn to before me and subscribe in my presence ordinance becomes effective, to erect, furnish the service pipes from the main to �` construct, reconstruct, maintain and the lot line without expense to the cut- by Dt %X:dXX=dPWVerle H. E tdrgason, PAkNOtA. operate within the corporate limits of said tomer, so long as it is not prohibited by 3901515wam City of Ames, Iowa, the same now are regulatory agency rules. - or hereafter may be loo cated or extended, the plant and facilities for distribution of Section Six. The Grantee shall hold this 14th day of gl1gUa natural gas, whether said distribution the said City harmless from any and all systems have been heretofore or hereafter causes of action, litigations or damages 19 84 may be constructed, together with the which may arise through or by reason of franchise and right to enter upon and to the construction, heconstruction, mainten- tary Public use and occupy the streets, avenues, ante and operation of said. systems for — d for Story County. alleys, bridges and other public places of the distribution of gas and other construc- in an said City as the same now are or here- tion hereby authorized, including damage after may be,located or extended, for the purpose of constructing, reconstructing, caused by the City to the franchisee's Fees,$ 65.91 distribution system. maintaining and operating therein, there- on 'and thereunder systems for the distri- Section Seven. Said Grantee shall bution of natural gas consisting of mains, have the right to supply, distribute and pipes, pipe lines, distributing lines, sell gas for any and all purposes to said conduits and other equipment, appurten- City and to the inhabitants thereof,'and ainces and construction necessary or to charge therefor such just and reason- incident to said distribution systems, and able rates as hereafter may be fixed and together with the franchise and right to determined by the rate-making body supply, distribute and sell natural gas to established under the laws of the State of said City and to the inhabitants thereof Iowa and given jurisdiction thereof. and others within and without the corpo- shall pay the costs incurred in holding; rate limits of said City for any and all Section Eight. All of the provisions the election to submit this Ordinance to purposes, and upon such terms and of this Ordinance shall apply to the the legal electors for their approval as conditions and under such restrictions successors or assigns of the Grantee with provided by law. and regulations as are hereinafter con- the same force and effect as they do to tained, and such other reasonable rules the Grantee itself. Section Ten. All ordinances or and regulations !as hereafter may be parts of ordinances, insofar as they are provided by the rule-making body having Section Nine. The Grantee shall, in direct conflict herewith, are hereby jurisdiction thereof. within sixty(60) days after the publica- repealed. Section Two.. The Grantee shall tion of this Ordinance, signify in writing Section Eleven. This Ordinance maintain within said City a modern gas an acceptance of the grant herein, includ- service, with sufficient capacity to meet ing the conditions and restrictions herein shall take effect and p io [l b farce and the reasonable requirements of its pa- expressed, and this Ordinance, and the effect, subject to its approval by a major- service and shall supply same in such a franchise granted herein, shall not be ity of the legal electors of the City of operative or binding until such acceptance Ames, Iowa, voting thereon and upon its manner as to render efficient service unless prevented by an Act of God, is filed with the City Clerk. The Grantee publication as provided by law, and sub- ject to its acceptance by the Grantee as provided in Section 9 above. Passed this loth day of July, 1984. Nancy Gibbons, City Clerk Mary Atherly, Mayor Pro Tem Published in the Ames Daily Tribune, August 13,1984.