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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