HomeMy WebLinkAboutCity Council Ordinance 1960-02OWINANCIR xo. W2
its *"Waace firsatiag to Mo.
oeepw ciao CompteT. itt out:-
cesosa add Assigns. fist Blow
to Manufacture, Impost. Tram-
porL selL and Distribusa On
for heating, Mumtealing and
Otbw Purposes las the Y hige
of Plypsouth and to use the
Streetm. Avaaws. end Alla
Thereof fat Thief Purpose.
The Village Council of Plymouth
Do Ordain As Follows:
Section 1. Grant of Authority.
There is hereby granted to Minne-
apolis Gas Company, hereinafter
called the "Company," its succes-
scrs and assigns, for a period of
twenty (20) years after the adop-
tion hereof, the right Co manufac-
ture, import, transport, sell, and
distribute gas for heating, Mum-
inating, and other purposes with-
in the limits of this Village, here-
inafter called the "Village," as the
same now -exist -or as they may be
extended in the future, and for
that purpose to establish the
necessary facilities and equip-
ment, and to maintain a manu.
facturing plant, gas mains, ser-
vice pipes, and any other appur-
tenances necessary to the manu-
facture, sale, and distribution of
gas in and along the streets,
alleys, avenues, and other puf_Uc
places of said municipality, and
to do all things which are reason-
able, necessary, or customary in
the accomplishment of this objec-
tive; subject, however, to the fur-
ther provisions of this franchise.
Provided, however, that before
the said company shall establish
any plant in said Village for the
manufacture of gas, the approval
of the Village Council of the loca-
tion thereof, in the exercise of a
reasonable discretion by said
Council, shall be first obtained by
said Company. No ouch plant
shall be constructed or operated
in violation of the zoning and
building ordinances of the Vil-
lage.
Section 2. ObstrucKag 62real ,
The Company shall exercise its
privileges hereunder subject at all
times to the police power of the
Village and shall not unnecessar-
ily or unreasonably obstruct the
use of or injure any street, ave-
nue, or alley, and shall, upon the
completion of any construction or
repair, restore all streets, avenues,
and alleys of the municipality
which shall be opened by it or its
agents or employees tar the pur-
pose of laying„ placing, or repair-
ing its aforesaid gas mains or ser-
vice pipes to as nearly the same
order and condition as they were
before the excavation was made
as is reasonably possible, and
shall maintain, repair, and keep
in good condition for a period of
three (3) months all portion of
suld streets, avenues, and alleys
disturbed by it or its agents; pro-
vided that ilia three-month period
shall be computed from the time
of the closing of the excavation;
but in case of frost before the
three-month period has expired,
the same shall continue for the
stated period after the frost leaves
the ground. Ani obstruction of
any street, alley, park, boulevard,
t:ridge, or other public place, or
auy failure properly to fill and
maintain a street after excava.
tion, after proper notice demand-
ing removal or repair, as the ease
may be, shall be taken care of by
the Village and the cost thereof
shall be charged against the Cont -
pony and may be deducted from
at.►y payments due it from the
Village -
Section 3. Pia#. The Company,
prior to the laying or relaying of
any mains under this frsachhwe
shall present to the Council a
cumplete plat showing the loca-
tion, size, and estimated cost of
all proposed mains. The Com-
pany, before laying or re-laying
any mains, shall obtain approval
from the Council, or its agent, In
the exercise of a reasonable dis-
cretion by them. Failure of the
Village to insist upon this provi-
sion shat: not be deemed a waiver
thereof.
Section 4. Damsge Chdat The
Company shall indemnify, steep,
and hold the Village free and
harmless from liability on ac-
count of injury or damage to per.
sons or property growing out of
the construction, maintenance. re-
pair, or operation of its property,
and in the event that suit sball
br brought against the Village,
either independently or jointly
with the Company, on account
thereof, the Company, upon no-
tice to it by the Village. shall
defend the Village in any suit, at
the cost of the Company; and in
the event of a Mal judgment be-
ing obtained against the Viliage,
either independently or jointly
with the Company, the Company
shall pay such judgment, with an
comb, and shall hold the Vftge
harmless dwrelrom
s t
5 T Yv
y .
Section a itgsdars4 of lfejise a.
The Company shalt at all times
provide and furnish an adequate,
safe and continuous supply of gas
to the Village and its inhabitants,
subject however, to the further
provisions of this section. The
Company sells and distributes
3traight natural gas throughout
its entre gas distribution syxtem, .
which is located in the City of
Minneapolis, Minnesota, and in a
number of suburban comnsunfttea
and in the territory adjacent to
and near the said city. The na-
tural gas distributed by the Com-
pany is furnished by the pipe line
system owned and operated by
Northern Natural Gas Company,
a "natural gas company," under
the Federal Natural Gas Act,
which subjects said Northern Na-
tural Gas Company to the juris.
diction of the Federal Power
Commission.
The Company shall not be
liable to the Village or its inbabit-
tants, nor shall the Village, or any
inhabitant who is a customer of
the Company, be Itrble to dire.
Compamy hereundw by tssasats d
time failure of the Company to
deliver, or of the Village or a
customer to receive, natural gas
as a result of acts of God, or QW
public enemy, inability of pipe
line supplier to furnish an ads-
quate supply due to an emer-
gency, an order or decision of a
public regulatory body, or other
acts beyond the control of the
party affected.
Whenever any of the ocew-
rences named above take place,
the Company shall hove the >W
and authority and it shall be Its
duty to adopt reasonable rules
and regulations in conneethm
with limiting, curtailing Of a110 -
eating extensions of wrote or
supplying of gas to any ewktmer
or prospective customer, and
withholding the supply ttµ of gee
to new customoM provided that
sur.h rules and reguladow shall
be uniform as applied to area
class of customers, sad shalt be
non-discriminatory as between
cotmsunitles.
The Comp"y shall bow tae
right to contract for the m It of
pas for industrial use on as b�_
torruptible basis, rNub1d On
customer to have "aft tr equip.
Ment for use upon notice by the
Company. The Campapo rWsA
regulations, schedules or e1A1aC
for tr -tailing irate "Up"k gas
service shell be unitarm as W
plied to each class of interruptible
the performance of any of the ma-
customers.
terial terms and conditions of this
It service is suspended because
ordinance and shall continue in
of any of the reasons get forth
default for more than ninety (90)
above, occurring through no fault
days oft— receiving notice from
or negligent act on the part of the
the Village of such default, the
Company, such suspension shall
Village Council may, by ordi-
not be made the basis of any
nance duly passed and adopted,
action or proceeding to terminate
terminate all rights grants d under
this f wwhise. The quality of the
this ordinance to the Cc upsny.
gas sold in the Village shall be the
The said notice of default f 'hall be
same as that sold to the Com-
in writing and shall specify the
pany's customers in the City of
provisions of this ordinance in the
Minneapolis.
performance of which it is claimed
Section 8. Elm of tier-Such
the Company is in default.
vice.9 The Company agrees to
Such notice shall be served w the
manner provided by the law s
lay such of its mains and pipes
las the
e
the State of Minnesotaal
as come within its requirements
notice
service of original notices civil
for suburban service as soon ar
a
actions The *..�..,...Me of
reasonably possible to do so. The
Council of the Village shall have
any ordinance so passed
right to make such reasonable
rights
rti il forfeiture of the sights and
granted by this fran-
in ise
rules and regulations as may be
ors
e-'nise ordinance shall lded
sSt jt et
necessary to provide adequate
and proper service.
prop r
to review by the United States
a
d Halls. The Company
District Court for the District of
Minnesota, Foca th Division.
agrees for and bs behalf of itself,
10. >~esrEad■iwr The
its lessees, rs.assignsSection
suer mo and a
that all: authority and rights in
by
rights and pexcludv
this ordinance contained shall at
granted are not estelesdve, sed the
d he
all tine be 'y all richt,
Village eaprowly re emrso an
right to grant � and priv-
authority
her eaf and authority noir or
h�eaftes possessed by :aid Vit-
ileges to other psraans or esepsr-
tags or any other regulatory ts!-
atiace.
overt having jurisdiction there-
Section 11. � et GW"MW
over to regulate, Ax. and control
esent. Any change of the tares of
just, reasonable. and compenea-
government of the Village, into a
Wry gas rates, except as herein-
city or otherwise as aulharind by
after limited. The Village reeog-
the State of Minnesota siW not
nizes that the entire suburban
affect the validity of this f ratt-
area adjacent to and new the City
chile. Any munk*al corporation
of Minneapolis, which includes
succeeding the Village dill. with-
the Village Plymouth may be
out the consent of the
ase single zone for rate-
ed a
s.�� to W the is and oW-
mawnregar
u
malcins purpose and agrees that
tions of the Villege pevvide I ta
the Company has the right to
this franchise.
In" upon a uniform rate for all
Seetion 1Z. baaapMAM 71w
of its consumers in mid suburban
Company WOW within tldrty am
area. All rtes charged under thb
days Mints the paamW and poW-
otdinanee shall at all times be
cation at this wdinsam fo with
fair, just and reasonable.
the V !lase Ckwk its
Section g. Acr^.Nly •spans,
of tine saes@ is writing, aigeed '
The Company asro:s to file with
its 1 apesoS F sed atkolad by
Um Village Clerk un or before
its corporate sash,
July 1 of fttb you, a copy of Its
section 1 +» This
rc
annvreport to its security hold-
or, lin r
an for the preeWling calendar
in force bees MW afW Ob pain-
year, together with a balance
mOs had Publication
sheet and income statement of
Ac► opted We Mh day e4 Jars=
the suburban division and a bat-
vary. low
area abset and income statement
(s) "award C_
for the Vti-age of P>imouth on an
() now-
allocated basis,
Attea= It T. Jot noes
Section 9. Paemawa, ld ire
V
Co■npony shall be is default In
wit, va