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)