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HomeMy WebLinkAbout~Master - Granting Rights to Iowa Electric Light and Power for Gas Plant ORDINANCE NO. _975 AN ORDINANCE GRANTING UNTO THE IOWA ELECTRIC LIGHT AN POWER COMPANY, AN IOWA CORPCR,ATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE AND RIGHT FOR A PERIOD OF TWENTY- FIVE YEARS TO ERECT, CONSTRUCT, RECONSTRUCT, MAINTAIN AND OPERATE A NATURAL GAS PLANT OR PLANTS, AND/OR A PLANT OR PLANTS FOR THE MANUFACTURING AND PROCESSING OF ANY AND ALL KINDS OF GAS AND/OR DISTRIBUTING SYSTEMS FOR THE DISTRIBUTION OF NATURAL GAS, OR ANY AND ALL OTHER TYPES AND KINDS OF GAS, AND TO ENTER UPON AND TO USE AND OCCUPY THE STREETS, AVENUES ALLEYS, BRIDGES AND OTHER PUBLIC GROUNDS OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING, INSTALLING AWNTAINING AND OPERATING THEREIN, THEREON AND THEREUNDER SYSTEMS FOR THE DISTRIBUTIO OF NATURAL GAS, OR ANY AND ALL OTHER TYPES AND KINDS OF GAS, CONSISTING OF MAINS, PIPES, -PIPE LINES, DISTRIBUTING LINES, CONDUITS AND OTHER EQUIPMENT, APPLIANCES,- APPURTENANCES AND CONSTRUCTION NECESSARY OR INCIDENT TO SAID DISTRIBUTION SYSTEMS, AND TO SELL, DISTRIBUTE AND SUPPLY NATURAL GAS, AND/OR ANY AND ALL OTHER TYPES AND KINDS OF GAS TO 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 1. The City of Ames, Iowa, hereby grants unto the Iowa Electric Light and Power Company, an Iowa corporation, its successors 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, construct, reconstruct, maintain and use within the corporate limits of said City of Ames, Iowa, as the same are now or may hereafter be located, a natural gas plant or plants and/or a plant or plants for the manufacturing and processing of any and all kinds of gas, and to erect, construct, reconstruct, maintain and operate within said corporate limits distributing systems for the distribution of natural gas, or any and all other types and kinds of gas, whether said plant or plants and distribution systems have been heretofore or may hereafter be constructed, together with the franchise and right to enter upon and to use and occupy the streets, avenues, alleys, bridges and other public grounds of said City for the purpose of constructing, installing, maintaining and operating therein, thereon and thereunder systems for the distribution of natural gas and/or any and all other kinds of gas, consisting of mains, pipes, pipe lines, distributing lines, conduits and other equipment, appliances, appurtenances and construction necessary or incident to said distribution systems, and together with the franchise and right to supply, distribute and sell natural gas and/or any and all kinds of gas to said City and to the inhabitants thereof and others within and without the corporate limits of said City for light, heat, power, fuel, cooking and all other purposes, and upon such terms and conditions, and under such restrictions and regulations as are hereinafter contained, and such other reasonable regulations as may hereafter be provided by ordinance. Section 2. (a) Such gas mains and service pipes shall be so laid as not to interfere with or obstruct the drainage of said City or the construction of sewer or underground fixtures for the conveyance of water or electricity or the necessary and proper is e of said streets, avenues, alleys and public places. -2- (b) Such gas mains and service pipes shall be laid under the supervision of the City Manager and in the event of a dispute as between the said manager and the grantee, the same shall be referred to the City Council for final determination. (c) That the grantee herein, or its successors or assigns, shall not excavate in any street or make any pavement cut for the purpose of changing, repairing or laying any mains until a permit has been issued there- for by the City of Ames, Iowa, through the office of the City Manager, and then only upon such terms and conditions as the City may prescribe and as shall hold the said City of Ames, Iowa harmless from any cost or expense. (d) 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, reconstruction or repair of any sewer or underground fixture for the conveyance of water or electricity. (e) The City shall have the right to define and establish plumbing requirements 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 the provisions of the statutes of Iowa, with the understanding and upon the condition that there shall be no discrimina- tion between the consumers as to the rate so charged. The City of Ames, Iow shall have the right to test the gas furnished by the grantee to the inhabitants of the City, which test shall be made in accordance with the methods pre- scribed by the National Bureau of Standards, and the test so made in all matters pertaining to quality shall be presumptively correct unless overcome by affirmative showing of error or mistake. Section 4. (a) The grantee, shall upon the application of any person residing within the corporate limits of the City of Ames, Iowa desiring gas service where the mains are in front of or adjoining the property, furnish the service pipes from the main to the lot line without expense to the customer. From the lot line to the customerrs aster a charge may be made for the service pipe, as may be from time to time 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 custwmees service line shall be without cost to the customer, and if a dispute shall arise between 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 shall from time to time extend its mains or pipes at its own expense whenever gas is desired by any resident or resi- dence of the City at the rate of one consumer for each one hundred feet of the required extension. 1 . -3- (d) That the grantee will hold the City of Ames, Iowa free and harm- less of all damages or costs, including all court costs and a reasonable attorney fee, of any kind or character, resulting from the construction, repair or operations of said gas mains, service lines, etc. , either during the course of construction or at any time thereafter, or damages to the grantee's mains, service lines, etc. caused by the City in the construction or maintenan e of the Cityts 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 any street or other public place, but the City reserves the right to require additional pro- tection if in its opinion the same is necessary. Section 5. The grantee herein agrees that in determining what shall be a proper return upon its investment, inconnection 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 thirty days after the incurring of such expense file with the City Clerk of the City of Ames, Iowa a sworn itemized statement of all such items of expense. 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, or 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 to and 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 special 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 exclusive right, privilege or franchise. Section 9. That all franchises or ordinances heretofore granted or adopted by the City Council in conflict therewith 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. Section 10. 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 purpose, and its acceptance by the grantee in writing filed with the City Clerk within ten days from and after its adoption at such special election, and shall continue in full force and effect for the period of twenty-five years from said date. Passed this 18th day of October, 1960. M. W. Jordan, Clerk Pearle P. DeHart, Mayor j 1 10/4/60: Moved by Schilletter and seconded by Judge that Ordinanc No. 975 be passed on its first reading. Voting Aye: Judge, Brouhard, Ratterree, and Schilletter Voting Nay: None Absent: Armstrong and Lawlor Mayor De Hart declared Ordinance No. 975 passed on its first reading. 10/18/60: Moved by Brouhard and seconded by Schilletter that Ordinance No. 975 be passed on its second reading. Voting Aye: Armstrong, Judge, Brouhard, Ratterree, and Schilletter Voting Nay: Lawlor Absent: Mayor De Hart Moved by Ratterree and seconded by Schilletter the rules governing the passage of ordinances be suspended, the third reading be omitted, and Ordinance No. 975 be placed on its final passage. Voting Aye: Armstrong, Judge, Brouhard, Ratterree, and Schillette Voting Nay: Lawlor Absent: Mayor De Hart Moved by Schilletter and seconded by Ratterree that Ordinance No. 975 do now- pass. Voting Aye: Armstrong, Judge, Brouhard, Ratterree, and Schillette Voting Nay: Lawlor Absent: Mayor De Hart Mayor Pro Tem Judge declared Ordinance No. 975 duly adopted. * * * * * * * * * * I, M. W. Jordan, City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 975 was duly and properly passed at a meeting of the City Council on the 18th day of October, 1960, and published in the Ames Daily Tribune on the 22nd day of October, 1960. 222, M. W. Jo n, City Clerk