Loading...
HomeMy WebLinkAboutCity Council Ordinance 1965-17VILLAGE OF PLYMOUTH ORDINANCE NC. 65.17 An ordinance granting a franchise to Metro U. S. Constr . ction Corporation to construct. op- erate and maintain a water "a- tom in the Village of Plymouth: setting forth conditions accom- panying the grant of franchises providing for village regula. tion of the water systems pro- viding an option for take-over by the Village of Plymouths and prescribing penalties for the violation of its provislow6 The Village Council of the Vil- lage of Plymouth does hereby or- dain as follows: Section L Title. This Ordinance shall be known and may be cited as the Metro U. S. Construction Corporation Water Franchise Or- dinance. Section L Definitions. For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When net inconsistent wdh the context, words used in t h a present tense include the future, words in the plural number b r rude the singu- lar number, r-.' words in the singular numi:%r irclude t h e plural numb.:r. The wood "shall' is always mandatory and not merely directive. 2.1—"Village" is the Village of Plymouth. 2.2 --"Company" is the grantee of rights tinder this fran- chise as follows, namely Metro U. S. Construction Corporation. 2.3 ---"Council` is the Village Council of the Village of Plymouth 2.4—"Person" is any person, firm, partnership, associa- tion, corporation, company or organization of any kind. Section 3. Grant of Authority. There is hereby granted by the Village to the Company, its suc- cessors and assigns, the right and privilege to construct, erect, op- erate, and maintain in, upon, along, across, above, over and under the streets. alleys, public ways and public places now laid out or dedicated and all exten- sions thereof and additions thereto in the Village, pipes, accessories and other fixtures necessary or proper for the maintenance and operation in the Village of a wa- ter distribution system. This fran- chise and grant of authority is given in respect to the following described area in the Village of Plymouth: PARCEL OF PROPERTY NO. 1 East % of the Southeast s/4 of Section 13, Township 118, Range 22, subject to easement for roads and highway as now , eisting over and across said property, consisting of 76 acres more or less. PARCEL OF PROPERTY NO.2 Southwest 1r4 of Southeast 1/4, Section 13, Township 118, Range 22, Parcel 210, Plat No. 43713, 40 acres more or less. PARCEL OF PROPERTY NO.3 Commencing at the Southeast corner of Northeast %, Section 13, Township 118, Range 22, thence North 648 feet, thence West 272.25 feet, thence North 160 feet, thence East 272.25 feet to East line of the Southeast % of the Northeast sea thence North to a point distant 250 feet South from the Northeast cor- ner thereof. Thence West par- ahel with the north line 312.5 feet; thence North parallel with the East line of the Northeast 'V4 to the South line of Rock- ford Road, thence Westerly along said road line to the East line of the West 10 rods, thence South to the South line of Southeast 1/4 thence East to the point of beginning. PARCEL OF PROPERTY NO.4 Northwest 1/4 of the Southeast 1/4 except the East 115.2 feet of the West 175.2 feet of the South 150 feet of the North 210 feet thereof, Section 13, Town- ship 118, range 22, Parcel 217, Plat 43713, 40 acres more or less. The parcel owned by the Inde- pendent School District 281 ly- ing South of 38th Avenue North, legally described as: West 20 acres of the Northeast 1/4 of the Northeast 1/4 and the north 10 acres of the East ?� of the West % of the North 1Fi of the Northeast 'd4 of Section 24, Township 118, Range 22. The right to use and occupy said streets, alley public ways and places for the purposes here- in set forth shall not be exclusive and the Village reserves the right to grant the similar use of said streets. alleys, public ways ani Places to any person at any pE - riod of this franchise. Section 4. Compnenee with Ap. plicablo Laws and Ordinances. The Company shall at all times during the life of this franchise be subject to all lawful exercise .,f the police power by the Vil- lage and to such reasonable reg- ulation as the Village shall here- after by Resolution or Ordinance provide. Section L Company Liability— Indemnification. It is expressly understood and agreed by and be- tween the Company and the Vil- lage that the Company shall save the Village harmless from all loss sustained by the Village on ac- count of any suit, judgment, ex- ec ation, claim or demand what- soever resulting from negligence on the part of the Company in the construction, operation or maintenance of its water system in the Village. The Village shall notify the Company by registered mail addressed to the following address: Metro U. S. Construction Corporation 7110 France Avenue South Minneapolis, Minnesota within 00 days after the presen- tation of any claim or demand, either by suit or otherwise, made against the Village on account of .any negligence as aforesaid on the part of the Company. section A Liability Insus=Ws. At the time of acceptance of this franchise, the Company shall pro- cure the issuance of and keep in force at all time3 thereafter dur- ing construction, maintenance or operation of the system or any part thereof by the Company, public liability insurance with perso al injury limits of not less than 4100,000.00 each person and $300,000.00 each accident and property damage limits of not less than $25,000.00. Said policy of insurance shall be issued by an insurance company authorized to do business in the Mate of Minnesota and approved as to form by the Village Attorney. Said . nsurance policy shall pro- vide p,•otection to thr Village in accords: ,ce with the indemnifica- tion provision above. A certified copy of such insurance policy shall be filed with the Village Clerk, at the time of notification by the Company of acceptance of the franchise. Section 7. Construction. It is contemplated that the Company shall construct the water system in the area stated in portions as platted. In advance of the start of construction of each portion of the system, the Company shall submit to the Village Council, in duplicate, complete plans and specifications for the portion pro- posed to be constructed. Such plans and specifications shall be examined by the Village Engi- neer and shall meet the reason- able requirements of the Village Council and the Village Engineer and no construction of said por- tion of the water system shall be commenced unless and until writ- ten notice of approval by the Council has been furnished by the Village Clerk. Once construction has been commenced, it shall be diligently prosecuted by the Company to completion. Section L Hood. -Construction. Prior to the start of construction of each portion of the water sys- tem, the Company shall furnish to the Village a corporate surety performance and completion bond in an amount of not less than 100% of the estimated cost of completing such portion of the system, conditioned upon the Company's construction and com- pletion of such portion of the system in accordance with the plans and specifications approved by the Village Council and in ac- cordance with the provisions of this Ordinance. No such const-tc- tion shall be started until the bond furnished has been ap- proved by the Council and filed with the Village Clerk. Section f. Servicer Standards. The Company shall maintain and operatr: its water plant and sys- t..: render efficient service, and supply water to users in such quantities a, shall be in accord- ance with the reasonable rules and regulations as may be from time to time promulgated by the Village Council. The quality of such water shall meet the mini- mum standards prescribed by the Minnesota State Board of Health and determinations of such qual- ity shall be made by the Minne- sota State Board of Health. All water shall be supplied through meters which shall accur tely measure the amount of v ater supplied to any consumer and the Company shall, at any time when requested by a consumer, make a test of the accuracy of any water meter. Whenever it is nec- essary to shut off or interrupt ser•% ice for the purpose of repairs, adjustments or installation, the Cn,;,pany shall do so at such ,Ame as will cause the least an, ,unt of inconvenience to its customers and unless such repairs are unforeseen and immediately necessary, the Company shall give reasonable notice thereof to con- sumers. Section 10. Company Rubs. The Company shall have the au- thority to promulgate such rules, regulations, terms and conditions governing the conduct of its busi- ness as shall be reasona:,iy nec- essary to enable the Company to exercise its rights and perfoi.n its obligations under this fran- chise and to insure an uninter- rupted service to each and all of its customers. It is provided, how- ever, that such rules, regulations, terms and conditions shall not be in conflict with the provisiuns hereof or of laws of the State of Minnesota and such rules and regulations, terms and conditions shall be subject to approval of the Village Council. Section 11. sora.—Parfosmaaoe. At *he time of acceptance of this franchise, the Company shall pro- cure, and keep in force thereafter at all times during the period of this franchise, a corporate surety performance bond in an amount not less than '0,000.00 conditioned upon compliance with all the terms of this franchise and the reasonable regulations by the Vil- lage Council and conditioned up- on the continued supplying by the Company of an adequate and safe water supply to the customers and users of the water system and upon the proper maintenance, operation and upkeep of the sys- tem. Section 12. Restoration. In case of any disturbance of pavement, sidewalk, drive -way, or other surfacing, by the Company or its agents and employees then the Company shall at its own cost and expense and in a manner ap- proved by the Village Engineer, replace and restore all paving, sidewalk or drive -way surface of any street or alley disturbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for a period of one year. Section 13. Relocation. In the event that at any time during the first twelve and one-half years of this franchise the Vil- lage shall lawfully elect to alter or change the grade of any street or alley or ether public way, any removal, re-laying ar d reloca- tion of any of the pines, tubing or other fixtures of the water system shall be accomplished at the expense of the Village. In the event that at any time during the second twelve and one-half years of this franchise the Village shall lawfully elect or alter or change the r,rade of any street or alley or other public way, the Com- pany, upon reasonable notice by the Village, shall remove, re-lay and re -locate its pipes, tubing and other fixtures at its own ex- pense. Sectimi 14. Costs. The company shall pay to the Village all rea- sonable costs incurred by the Vil- lage in examination of plans and specifications, policing construc- tion, preparation of legal instru- ments and documents and publi- cation of franchise. Section 15. Preferential at Dis- criminetasT Practices Probe ted. The Company shall not as to rates, charges, service facilities, rules, regulations or in any other respect make or exant any pref- erence or advantAge to any per- son nor subject an, person to any prejudice fir disadvantage; pro- vided that, nothing in this fran- chise shall be deemed to prohibit the establishment of a graduated scale of charges and classed rate schedules to which any cus- tomer coming within such classi- fication would be entitled. Section 16. Rates—Initial. The Company shall be entitled to charge water users a fair and reasonable rate for the furnishing of water. Initial rates are estab- lished as follows: Flat rate—$.50 per thousand gallons. Minimum rate — $3.00 per month. Section 17. Rates--06aegea, The Company shall be entitled to charge water users such rates for the furnishing of water as will produce a reasonable return up- on its investment, which in no event shall exceed A% thereof. It shall depreciate the property at a rate of 4% per annum. Depreci- ation shall be a proper expense for purposes of determining the Company's return upon its in- vestment. If the Company de- sires to increase rates as above provided, it shall file with the Village Clerk, at least 90 days prior to the date the grantee de- sires to have the new rates be- come effective, a schedule of the proposed increased rates. Such new rates shall become effective on the date requested by th- Company unless disapproved by the Village Council before such date. If the proposed rates are disapproved by the Council, the rates then in effect shall continue in effect. Section 11L Hydrants. The Com- pany shall install and maintain hydrants as a part of its water distribution system for the pur- poses of fire protection. The loca- tion of all hydrants shall be ap- proved by the Village Engineer and salt: hydrants may be used by the Village in the perform- ance of its governmental functions without charge and as a part of the consideration for the issuance of this franchise. Section 19. Hook-up Charges. For permitting a user to hook up to the water system the charges made by the Company for such shall by limited to the cost of materials and labor and in no event shall such charges exceed the sum of $W.40 per user. Section 20. Reports. The Com- pany shall file with the Village Council annually, a copy of its annual report for the preceding fiscal year, together with a bal- ance sheet and income statement for the operation by the Company under thla franchise. At the re- quest of the Village Council at any time. copies of income Ux returns filed with the Federal Government shall be furnished by the Company to the Council. Section 21. Sale to Village -- During Term. In the event that at the expiration of the term for which this franchise is granted, or upon the forfeiture as provided in Section 23 below, the Village elects to obtain and take over the property of the Company in its entirety, then in that event the Village shall attempt to make purchase of said property on a negotiated basis with the then owners. In the event that such negotiations should fail then the purchase price shall be deter- mined by three appraisers, one of whom shall be selected by the Village, one of whom shall be selected by the then owners of the system and the third of whom shall be selected by the first two so chosen. Said appraisers shall hear the parties and make a de- termination as to the value of the system and their determination as to a fair sale and purchase price shall be binding upon said . larties. Section 2L Insurance SystenL The Grantee shall at all times keep the water tanks, pumps, pump houses and other insurable portions of the system, or any part thereof, insured in an in- surer approved by the Village Council against the perils of fire, windstorm and other covemger set forth in Me standard extend- ed coverage endorsemen+, to the extent of the replacement cost thereof, and shall file a eerti& tate of such insurance with the Village Clerk. Such insurance shall be payable to the Grantee and t„ the Village as their inter- ests may appear, and the Grantee shall be obligated to use the pro- ceeds thereof for the repair or replacement of the damaged or destroyed property, to the extent necessary to so repair or replace such damaged or destroyed prop- erty. Section 43. Fosfdlure. Any vio- lation by the Company, its ven- dees, lessee, or successors of the provisions of this franchise or any material portion thereof, or the failure to promptly perform any of the provisions thereof, shall be cause for the forfeiture of this franchise and all rights hereun- der. Such forfeiture shall be in- stituted only after written notice to the Company by the Village and a continuation of such viola- tion, failure or default. In addi- tion thereto, any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misde- meanor and punished according- ly. Each day of such violation shall constitute a separate of- fense. Section 24. Effective Data. The franchise and rights herein grant- ed shall take effect and be in force from and after the final passage hereof as required by law, filing of acceptance by the Com- pany with the Village Clerk and publication: and shtll continue in force and effect unless otherwise terminated for a term of 25 years after the effective date of this franchise. This franchise shall be deemed null and void unless an acceptance has been filed within 14 days after notification to the Company of passage. Passed on first reading this 20ty day of September, 1985. Sgnd.—Aaron I. Curtis Acting Mayor ATTEST: Sgnd.—H. T. Johnson Clerk (W-9-301,65)