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HomeMy WebLinkAboutA001 - Proof of publication, October 22, 1960 Proof of Publication in The City for the purpose Of Con AMES DAILY TRIBUNE LEGAL NOTICE strutting, installing, maintain- ORDINANCE NO. 975 ing and operating therein, ` AN ORDINANCE GRANTING thereon and thereunder systems UN O THE IOWA ELECTRIC for the distribution of natural STATE OF IOWA,STORY COUNTY,SS. LIG T LND POWER COM- gas and/or any and all other `PANY, AN IOWA CORPORA- kinds of gas, consisting Of I, ig )AM6 , W. T. Farley on oath depose TION, ITS SUCCESSORS AND mains, pipes, pipe lines, distri- $g%Aevr, foreman of the ASSIGNS, A NON-EXCLUSIVE buting lines conduits and other and say that I am p FRANCHISE AND RIGHT FOR equipment, appliances, appur- AMES DAILY TRIBUNE, a daily newspaper, A PERIOD OF TWENTY-FIVE tenances and construction nec- County, Iowa; that YEARS TO ERECT, C O N- essary or incident to said dis- printed at Ames, Story STRUCT, RECON5TR U C T, tribution systems, and together -ordi213Y10E'------ MAINTAIN AND OPERATE A with the franchise and right to the annexed printed NATURAL GAS PLANT OR supply, distribute and sell na- - - -971� - -- - - - _ - _ PLANTS, AND/OR A PLANT tural gas and/or any and all -- - OR PLANTS FOR THE MANU- kinds of gas to said City and FACTURING AND PROCESS- to the inhabitants of said City thereof and, ------------------------------------------- ING OF ANY AND ALL KINDS others within and Without the, OF GAS AND/OR DISTRIBUT-I corporate limits was published in said newspaper for ING SYSTEMS FOR THE DIS- for light,heat, power,fuel,cook- TRIBUTION OF NATURAL ing and all other purposes, and consecutive weeks, the first -_QC-t. -22- GAS, OR ANY AND ALL upon such terms and conditions, and the last of said publication was on the OTHER TYPES ANp KINDS and under such restrictions and OF GAS; AND TO ENTER UP- I'regulations as are hereinafter - 22nd- day of _-_ ZtDb-� cont ---- ON AND TO tISE AND OC- ained, and such other rea- CUPY THE STREETS, AVE- son able regulations as may is 60-• 0 NUES,ALLEYS,BRIDGES ANL', hereafter be provided by ordi- GROUNDS OTHER PUBLIC nance. ___ ----- OF SAID CITY FOR THE Section 2. �� PURPOSE OF CONS RUCT- Sworn to before me and subscribe in my (a) Such gas mains and se INSTALLING, MAIN- vice pipes shall be so laid as resence by W.V. lye, w• T. F rley this n TAINING AND OPERATING p THEREIN, THEREON AND 'struct ot interfere with or o -the drainage of said City M S N7 ___2nd_---- day of -_uovemb :, THEREUNDER SYS T r'-------- or the construction of sewer or FOR THE DISTRIBUTION OF underground fixtures for the /- (NATURAL GAS, OR ANY AND city ey the necessary and prop- said streets, avenues,, conveyance of water or electri- ALL- OTHER TYPES AND __ -Notary Public +,KINDS OF GAS, CONSISTING =�%��J'`2�"�'--'—" der use of in and for Story County. OF MAINS, PIPES, PIPE- ;alleys and public places. Ej 62 LINES, DISTRIBUTING LINES, (b) Such gas mains and ser-i Fees, $- -- - CONDUITS AND 0 T H E R vice pipes shall be laid under EQUIPMENT, APPLIANCES, the supervision of the City Man- APPURTENANCES AND CON- ager and in the event of a dis STRUCTION NECESSARY OR ,pute as between the said man- INCIDENT TO SAID DISTRI- ager and the grantee, the same shall be no discrtmivation be- BUTION SYSTEMS, AND TO shall be referred to the City twee. the consumers as to the SL.LL, DISTRIBUTE AND SUP- Council for final determination. rate so charged. The City of PLY NATURAL GAS, AND/OR (c) That the grantee herein, Ames, Iowa shall have the right ANY AND ALL OTHER TYPES or its successors or assigns, to test gas' furnished by the AND KINDS OF GAS TO SAID shall not excavate in any grantee to the inhabitants of CITY FOR ALL PURPOSES, !street or make any pavement which teat shall be the City, _ :Cut for the purpose of chang- made in accordance with the IAND PRESCRIBING T H 11 ing repairing or laying any methods prescribed by the Na- TERMS AND CONDITION, mains until a,.permit has been tional Bureau of Standards, and OF THE GRANT AND RE issued therefor by the City Of the test so made in all matters' PEALING E,I L ORDINANCEa Ames, Iowa, through the office pertaining to quality shall be ,N CONFLICT THEREWITH. of the City Manager, and then p presumptively con- correct. unless BE IT ORDAINED BY THE only upon such terms and overcome by affirmative show- CITY COUNCIL OF THE ditions as the amity may pi.. ing of error or mistake. CITY OF AMES, IOWA: scribe and.I shall hold the - ` S, Iowa Section C. Section 1. The City of Ames, City of fist harmless; (a) The grantee, shall upon rants unto the' °r expense. erson !Iowa, Electra Ligit and Power I from a<e City right Ames, I°wa the application within of ncorporate (d'ave the right to requireresiding Company, an Iowa corporation, shgrantee to remove its successors and assigns; here- —n cost and expense at its' -- :nafter called the Grantee, d main or service Pipe which in twa si the City of Ames, non-exclusive franchise and terferes ith or obstructs the µ a desiring gas service where right for a period of twenty- construction, reconstruction he -ie mains are in front of or ad- five years from and after the repair of any sewer or under ining the property, furnish he main date this ordinance becomes ground fixture for the convey_i V,e the rlot lPneewithout s from texpense effective, to erect, construct, ante water or electricity, reconstruct, maintain and use (e) The City shall have the customer. From the lot within the corporate limits of right to define and establish the to the customer's meter a said City of Ames, Iowa, as theAlumbing requirements siarge may be made for the same are now or may hereafteiing to the installationpertain- 5;rvice pipe, as may be ,from be located, a natural gas planation and oper_ Of gas appliances,. me to time fixed by the City or plants and/or a plant c mains, etc. service -ouncil. plants for the manufacturir Sectiu 3, The City Council I (b) In the event that the and processing oY any and ;Of thee City of Ames, Iowa, shall �antee shall replace its pres- kinds of gas, and to erect, ce power to regulate'the rates _it mains, the new connections stxuct, reconstruct, mainti f°r Service and,fiat the char i be made to the customer's and operate distributing but ng 4 forthe ghe gas to be furnished by �,rvice line shall be without p y and to regulate the )st to the customer, and if a Items for to ml gas, or distribution all f service, vice and designate the quaff_ tspute shall arise between the andthe gas t° be furnished by, 7antee and such customer :-s types and kinds of gas, grantee to Eh.e,inhabitants! I the serviceability of the ser- ther said plant or plants of the City of Airier, Iowa, ice lines the same shall be distribution systems have in accordance all eferred to the City Council for heretofore or may hereaft sions of the 'statutes t op Arovi_ anal determination. constructed, together wit a ith. the understanding I and owa franchise and right to Pu the condition that there upon and to use and occupy the streets, avenues, alleys, bridges and other public grounds Lf said (c) The said grantee, its suc- Section 6. Nothing herein (essors or assigns, shall at all 4ntained shall deprive the City limes have its gas system in ( Ames, Iowa of any rights it ;ondition to supply all the gas ay have under the statute to that shall reasonably be re- .;quire the property of the wired for consumption, and Fantee, or any part thereof, at hall from time to time extend lY time. s mains or pipes at its own 'Section 7. The right, priv- ixpense whenever gas is desir- I rge and franchise herein grant- i by any resident or residence 1 are given by the said Coun- t' the City at the rate of one 11 of the City of Ames, Iowa, ?n`sumer for each one hundred I id accepted by the grantee set of the required extension. on the express condition that c (d) That the grantee will .jig Ordinance shall not be- Id the City of Ames, Iowa lme effective or binding until ee and ]'armless of all dam- shall have been submitted to t,es or costs,including all court ,lid approved by a majority of lasts and a reasonable attorney le legal electors of said City _e, of %Y.y kind of character. Ming thereon and in favor of Gsulting from the construction, he same as provided by law ;:pair or:operation of said gas A; a special election to be call- Lains, service lines, etc., either 11 for the purpose of submitting Liring the course of construe- tis public measure, the costs ion or at any time thereafter, ! said election to be paid for rr damages to the grantee's fad discharged by the said Fains, service lines, etc. taus- rantee as by law provided. I by the City in the construe- Section 8. That nothing here- =on or maintenance of the k shall be construed in any ty's water mains, sewers, canner as giving the grantee ectrie facilities, streets, or 'nd or its successors or assigns her public improvements. ny exclusive right, privilege (e) The grantee shall with. r franchise. it further or other order ade- Section 9. That all franchises lately protect all open ditches, ordinances heretofore grant- -ccavations, or other obstruc- d or adopted by the City bns in any street or other pub- louncil in conflict therewith c place, but the City reserves hall fully and completely ,.e right to require additional lease, be determined.and are otection if in its opinion the ereby repealed from and after me is necessary. he effective date of this ordi- Section 5. The grantee here- ante and the franchise and 'agrees that in determining rivilege herein granted. iat shall be a proper return Section 10. That this Ordi- son its investment, in ^on- ;ante and privileges and fran- ;ction with the fixing of rates wises as herein granted shall Cher by the City Council or re in full force and effect from any court of record which tt,nd after its passage by the ay review the same, they shallity Council and its adoption A take into consideration any y the 11gal electors of the City glue for the franchise herein of Ames, Iowa, at a special -anted, except such sums as election to be held for that !e grantee herein may have purpose, and its acceptance by ;tually expended in connection the grantee in writing filed with ith the procuring of said fran- the City Clerk within ten days rise, howerer, if such expendi- from and after its adoption at re is to be considered by the such special election, and shall -antee as a part of its per- continue in full force and ef- anent investment it shall be feet for Cie period of twenty- cumbe4t upon said grantee to five years from said date. ithin thirty days after the In- passed this 18th day of Oc- irrinr- of such expense file tober, 1960. ith the City Clerk of the City M. W. Jordan, City Clerk I.Ames, Iowa a sworn itemiz- Pearle P. DeHart, Mayor l statement of all such items Published in the Ames.Daily expense. Tribune, October 22, V60.