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Home My WebLink About~Master - Granting the Iowa Electric Light and Power Co., Privilege to Maintain Gas Works Ordinance No. 474 AN ORDINANCE GRANTING TO THE IOWA ELECTRIC LIGHT AND POWER COMPANT A CORPORATION WITH ITS PRINCIPAL PLACE OF BUSINESS AT CEDAR RAPIDS IOWA, AND TO ITS SUCCESSORS OR ASSIGNS, AND AS THE SUCCESSORS OF EDWARD G. PRATT ANDHIS ASSIGNS;, A'. RENEWAL OR'`EXTENSION OF THE RIGHT, PRIVILEGE AND FRANCHISE TO :ESTABLISH, CONSTRUCT AND MAIH.. TAIN A GAS WORKS, INCLUDING THE BUILDINGS, TANK RESERVOIRS, AND _. MACHINERY, AND TO MANUFACTURE AND SELL GAS FOR POWER, LIGHT, FUEL, HEAT, AND OTHER PURPOSES, AND TO CONTINUE 10 MAINTAIN AND TO LAY AND MAINTAIN GAS MAINS, PIPE LINES ,AND CONDUITS IN THE PUBLIC STREETS, AVENUES, ALLEYS AND PUBLIC GROUNDS IN THE CITY. OF AM : IOWA, AND TO FURNISH, DISTRIBUTE AND SELL GAS,AkjjD MW ES, INING ITS RIGHTS, POWERS AND DUTIES:;. AND GIVING TOE CjTY �OF--AMES IOWA,THR POWER TO FIX THE RATES TO BE CHARGED FOR GAS, TO ESTABLSH THE QUALITY OF GAS AND TO REGULATE THE SERVICE TO BE FURNISHED BY THE GRANTEE TO THE INHABITANTS OF THE CITY OF' AmES, IOWA, AND TO PRO- HIBIT DISCRIMINATION IN RATES BETWEEN THE INHABITANTS OF SAID CITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF A11ES, IOWA: Section 1. That in consideration of the benefits herein expressed and subJect to the terms and conditions prescribed in this Ordinance, the Iowa Electric Light and Power Company, a corporation organized and ex- isting under and by virtue of the laws of the State of Iowa,= and with its principal place of business at Cedar Rapids, Ioway. and: to . its successors or assigns, and which company is hereinafter referr ed to and designated as grantee" is hereby authorized a nd:,em-. powered, as successor and assign of Edward G. Pratt and his . asa.i a,: to continue to maintain and grant its right, power and privilerge ,fc establish, maintain and operate a gas works in said City, and to continue to maintain and lay, construct, acquire, operate anti ma b2 tain a system of mains, Pipes, conduits, and feeders ajad necea"r-, appurtenances for the manufacture of gas and for the . pupose sf.: supplyin and distributing gas within the corporate 'liidta of the g ; City of Ames, Iowa, for light, fuel, power, heat and, other -, .i or for any of them, including any territory that may herdaiftIq b annexed thereto, and 'further to continue to maintain and tQ sar lad, use and maintain and operate through, upon,. under and a ► the streets, avenues, alleys, highways,, parks and . public ks of said City a system of gas mains and service pipes, conduits; fixtuz�es, a feeders and necessary attachments, connections, nd .app t_ enances for distributing, supplying and selling gas for gown, =7� . t fuel and heat, and any other purpose in the City of Ames, Ica,, and to the inhabitants thereof for the full term of this franchise'. Section 2. Such gas mains and service pipes shall be so laid as not to inter- Pere with or obstruct the drainage of said City or the constructio of sewer or underground fixtures for the conveyance of water or electricity or the necessary and proper use of said streets, avenues, alleys and public places. Such gas mains and service pipes shall be laid under the SUP,, rniei Of the City Mamger and in the event of a dispute as between the said Manager and the grantee, the same shall be referred to , tuer City Council for final determination, That .the grantee herein, or its successors. or assigns, shall not exeAvate in any street or make any pavement out for the purpose -Ga of changing, repairing or laying any mains until a permit has been issued therefor by the CCity of Ames, Iowa, through the office of the City Manager, and then only such terms, and con.. ditions as the City may prescribe and as shall hold the said City of Ames, Iowa, harmless from any cost or expense. The City of Ames, Iowa, shall have the right to require the grant- ee to remove at its own cost and expense any gas main or service pipe which interferes with or obstructs the construction, region struction or repair of any sewer or underground fixture for the conveyance of water or eleetioity, The City shall have the right to define and establish plumbing re= quirements pertaining to the installation and operation of gas appliances, service mains, etc, Section 3. The City Council of the City of Ames, Iowa, shall have power to regulate the rates for service and fix the charges for the gas to be furnished by the . grantee, and to regulate the service and designate the quality of gas to be furnished by the grantee to the inhabitants of the City of Ames, Iowa, all in accordance with provisions of the states of Iowa, with the understanding and upon. ` the condition that there shall be no discrimination between the cO - sumers as to the rate so charged. The City of Ames, Iowa, shall. have the right to test the gas furnished by the grantee to the inhabitants of the City, mia which test shall be itaade;.; in accordance with the methods prescribed by the National Bureau of Standards, and the test so made in ,all matters pertaining to quality shall be presumptively correct unless overcome by affirm- ative showing of error or mistake. Section 4, (a) The grantee, shall upon the application of any person reAla within the corporate limits of the City. of Ames, Iowa, and desrin gas service where the mains are in front of or adjoining the prop- erty, furnish the service pipes from the main to the lot line with out expense to the customer. From the lot line to the customers meter a charge may be made for the service pipe as may from time to time be fixed by the City Council. (b) In the event that the grantee shall replace its present mains the new connections to be made to the customer 's service line $hal be without cost to the customer, and if. s dispute shall arise be- tween the grantee and such customer, as to the serviceability of the service lines the same shall be referred to the City Council for final determination. (c) The said grantee, its successors or assigns shall at all times have its gas system in condition to supply all the gas that shall reasonably be required for consumption, and a •ll from time to time extend its mains or pipes At its oven expense whenever gas is desired by any resident or residence of.! the City at the rate of one consume for each ,ninety feet of the required extension. -3- (d) That the grantee will hold the City of Ames, Iowa, free and harmless of all ddmages or costs, including all court costs and a reasonable attorney, fee, of any kind or character, result- ing from the construction, repair or operation of said . ga.s mains, service lines, etc ., either during the course of construction or, at any time thereafter, or damages to the grantee's mains, ser- vice lines, etc., camsed by the City in the construction or main- tenanee of the City's water mains, sewers, electric facilities, streets, or other public improvements. (e) The grantee shall without further or other order adequately protect all open ditches, excavations, or other obstructions in an street or other public place, but the City reserves the right to require_ additional protection if in its opinion the same is nee. essary. Section 5. The grantee herein agrees that in determining ghat shall be a prop- er return upon its investment, in connection with the fixing of rates either by the City Council or in any court of record which may review the same, they shall not take into consideration any, value for the franchise herein granted except such sums as the grantee herein may have actually expended in connection with the procuring of said franchise, however, if such expenditure is to. be considered by the grantee as a part of its permanent investment it shall be incumbent upon said grantee to within 30 days after the incurring of such expense file with the City Clerk of the City of Ames, Iowat a sworn, itemized statement of all such items of ex- pense. Section 6. Nothing herein contained shall deprive the City of Ames, Iowa, of any rights it may have under the statute to acquire the property of the grantee off any part thereof, at any time. Section 7. The right, privilege and franchise herein granted are given by the said Council of the City of Ames, Iowa, and accepted by the `grantee upon the express condition that this Ordinance shall not become effective or binding until it shall have been submitted toand approved by a majority of the legal electors of said City voting thereon and in favor of the same as provided by law at a speeJL41 election to be called for the purpose of submitting this public measure, the costs of said election to be paid for and discharged by the said grantee as by law provided. Section 8. That nothing herein shall be construed in any manner as giving the grantee and/or its successors or assigns any exolusive *right, privilege or franchise. Section 9. That all franchises or ordinances heretofore granted or adopted by the City Council in conflict herewith shall fully and completely cease, be determined and are hereby repealed from and after the effective date of this ordinance and the franchise and privilege herein granted. -4, That this ordinance and privileges and franchises as herein ,granted shall be in full force and effect from and after its passage by the City Council and its adoption by the legal electors of the City of Ames, Iowa, at a special election to, be held for that pur pose on the Ist dsy, of"July_ and its acceptance.by the grantee in writing filed with the City Clerk within 10 days from after its adoption at such special election, and shall contiAU0 iTL full force and effect for the period of twenty-five years from said date, VV Prather., City Clerk an, Mayor,, t4