HomeMy WebLinkAboutCity Council Ordinance 1961-11Plymouth Vl tge
ORDINANCE NO. 61-11
VILLAGE OF PLYMOUTH
An Ordinance Granting a Fran-
chise to Minneapolis *ndustrial
Pari. Inc.. to Construct. Operate
and Maintain a Water System
in the Village of PlTmouths
Setting Forth Conditions Ac-
companying the Grant of Fran-
chise; Providing for Village
Regulation of the Water Sys-
tesw Providing an Option for
Takeover by the ViUMM of
Plymouth. and Prescribing Pen-
alties for the Violation of its
Provisions.
The Village Council of the Vil-
lage of Plymouth does hereby or-
dain as follows:
Section 1. Title. This Ordinance
shall be known and m,^y be cited
as the Minneapolis Industrial
Park Water Franchise Ordinance.
Section 2. Definitions. For the
purpose of this Ordinance, the
following terms, phrases, words
and their derivations shall have
the meaning given herein. When
not inconsistent with the context,
words used in the present tense
include the future, words in the
plural number include the singu-
lar number, and words in the
singular number include the
plural number. The word "shall'
u always mandatory and not
merely directive.
2.1 "Village" is the Village
Of Plymouth.
2.2 "Company" is the gran-
twe of riahts under this fran-
chise as follows, namely Min-
neapolis Industrial Park, Inc
2.3 "Council" is the Village
Council of the Village of Plym-
outh.
2.4 "Person" is any person,
firm, partnership, association,
corporation, company or organ-
ization 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, oper-
ate, and maintain in, upon, along,
across, above, over and under the
streets, alleys, public ways and
public places now laid out or ded-
icated and all extensions thereof
and addition thereto in the Vil-
lage, pipes, accessories and other
fixtures necessary or proper for
the maintenance and operation in
the Village of a water distribution
system. This franchise and grant
of authority is given in respect to
the following described area in
the Village of Plymouth:
Minneapolis Industrial Park, ac-
cording to the plate thereof, to-
gether with the area bound on
the South by County Road No.
6, on the North by Industrial
Park Boulevard, on the East by
Xenium Street and on the West
by a line drawn parallel to and
400 feet West of Xenium Street,
Hennepin County, Minnesota.
The right to use and occupy said
streets, alleys, public ways and
places for the purposes herein set
forth shall not be exclusive and
the Village reserves the right to
grant the similar use of said
streets, alleys, public ways and
places to any person at any period
of this franchise.
Section 4. Compliance with Ap-
plicable Laws and Ordinances.
The Company shall , ' all times
during the We of this franchise
be subject to all lawlui exercise
of the police power by the Village
and to such reasonable regulation
as the Village shall hereafter by
Resolution or Ordinance provide.
Section 3. Company Liability—
Indemnification. It is expressly
understood and agreed by and
between the Company and the
Village that the Company shall
save the Village harmless from
all loss sustained by the Village
on account of any suit, judgment,
execution, 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:
Minneapolis Industrial Park, Inc.
1750 Hennepin Avenue
Minneapolis, Minnesota
within ninety (90) days after the
presentation of any claim or de-
mand, either by suit or otherwise,
made against the Village on ac-
count of any negligence as afore-
said on the part of the Company.
Section 6. Liability insurance.
At the time of acceptance of this
franchise, the Company shall pro-
cure the issuance of and keep in
force at all times thereafter dur-
ing construction, maintenance or
operation of t1l a system or any
part thereof by the Company,
public liability insurance with
personal injury limits of not less
than $100,000.00 each person and
$300,000.00 each accident and
property damage limits of not less
than $25,000.00. Said policy of in-
surance shall be issued by an in-
surance company authorized to
do business in the State of Min-
nesota and approved as to form
by the Village Attorney. Said in-
surance policy shall provide pro-
tection to the Village in accord-
ance with the indemnification
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. ConsimcdoiL The
Village has been dela nred com-
plete plam4 and specifications for
the construction of said water
system. The Village Engineer has
examined said plans and specifi-
cations and has reported to the
Council that said plans and speci-
fications meet the reasonable re-
quirements of the Council. Repre-
sentatives of the Company have
drRcussed the plans and specifica-
tions with the Council and the
Council has approved of said
plans and specifications.
Construction of the water sys-
tem has now commenced and will
be diligently prosecuted by the
Company to completion.
Section 6. Bond --Construction.
The Company shall require of
each contractor for each portion
of the system to furnish a cor-
porate surety performance and
completion bond in an amount of
not less than 100% fo the esti-
mated cost of completing such
portion of the system, conditioned
upon the construction and com-
pletion of such portion of the sys-
tem in accordance with the plans
and specifications approved by
the Village Council and in accord-
ante with the provisions of this
Ordinance. A copy of such bond
shall be furnished to and ap-
proved by tate Council and filed
with the Village Cleric.
Section 9. Service Standards.
The Company shall maintain and
operate its water plant and sys-
tem, render efficient service, and
supply water to users in such
quantities as 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 quali-
ty shall be made by the Mimae-
sota State Hoard of Health. All
water shall be supplied through
meters which shall accurately
measure the amount of water
supplied to any consumer and the
Company shall, at any time when
requested by a consumer, make
a test of the accuracy of any wa-
ter meter. Whenever it is neces-
sary to shut off or interrupt ser-
vice for the purpose of repairs,
adjustments or installation, the
Company shall do so at such time
as will cause the least amount of
inconvenience to its customers
and unless such; repairs are un-
foreseen and immediately neces-
sary, the Cnmpany shall give
reasonable notice thereof to con-
sumers.
Section 10. Company Rules. The
Company shall have the authori-
ty to promulgate such ruW6 regu-
lations, terms and Conditions gov-
erning the conduct of its business
as shall be reasonably necessary
t.-) enable the Company to exer-
cise its rights and perform its
obligations under this franchise
and to insure an uninterrupted
service to each and all of its cus-
tomers. It is provided, however,
that such rules, regulations, farms
and conditions shall not be in
cc,nfiict with the provisions here-
of or of laws of tht State of
Minnesota and such rules and
regulations, terms and conditions
shall be subject to approval of
the Village Council.
Sarson I1. Hand — Perform-
ance. At the time of acceptance
of this franchise, the Company
shall procure, and keep in force
thereafter at all times during the
period of this franchise, a corpor-
ate surety performance bond in
an amount not less than $5,000.00
conditioned upon compliance wish
all the terms of t: is franchise
and the reasonable regulations by
the Village Council and c,.ndi-
tioned upon the continued sup-
plying 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 up-
keep of the system.
Section It Restoration. 1n case
of any disturbance of pavement,
sidewalk, drive -way, or other sur-
facing, 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 Lor a period
of one year.
Section 19. 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
of change the grade of any street
cr alley or other public way, any
removal, re-laying and re -location
of any of the pipes, tubing or
other fixtures of the water system
shall be accomplished at the ex-
pense of the Village. In the event
that at any time during the sec-
ond twelve and one-half years of
this franchise the Village shall
lawfully elect to alter or change
the grade 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 expense.
Section 14. Costa, 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 rind publi-
cation of franchise.
Section IL Preferential or Dis-
criminato. y Practicer Prohibltid.
The Company shall not as to
rates, charges, ser ice facilities,
rules, regulations or in any other
respect make or grant any pref-
erence or advantage to any per-
son nor subject any person to
any prejudice or disadvantage;
provided that, nothing in this
franchise shall he deemed to pro-
hibited the establishme.-it of a
graduated scale of charges and
classified rate schedules to which
any customer coming within such
classification would be entitled.
Section 1E. Rags—Initial. The
Company shall be entitled to
charge water users a fair and rea-
sonable 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. Rags — Changes.
The Company shall be entitled to
Jharge water users such rates for
the furnishing of water us will
produce a reasonable return upon
its investment, which in no event
shall exceed 6% thereof. It shall
depreciate the property at a rale
of 4% per annum. Depreciation
shall be a proper expense for pur-
poses c f determining the Com-
pany's return upon its investment.
If the Company desires to in-
crease rates as above provided,
it shall file with the Village
Clerk, at least ninety (90) days
prior to the date the grantee de-
sires to have the new dates be-
come effective, a schedule of the
proposed increased rates. Such
new rates shall become effective
on the date requested by the
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 lit. 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 lo-
cation of all hydrants shall be ap-
proved by the Village Engineer
and said hydrants may be used by
the Village in the performance
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
thereof, and shall flk a cortificate,
made by the Company for such
of such insurance with the Veit
shall be limited to the cost of
We Clerk. Such insurance shall
materials and labor and in no
be payable to the Grantee and to
event shall such charges exceed
the Village as their interest may
the actual cost thereof to the
appear, and the Grantee shall be
Company.
obligated to use the Proceeds
Section M Reports. The Com-
thereof for the repair or replace-
pany shall file with the Village
ment of the damaged or destroyed
Council annually, a report for the
property, to the extent necessary
operation of the water system for
to so repair or replace such dam -
the preceding fiscal year.
aged or destroyed property.
Section 21. Village Acquisition
Sectim 23. Forfeiture. Any vio-
of Water STalem. During the first
lation by the Company, its ven-
three (3) years of the term of the
dees, lessee, or successors of the
franchise the Village shall have
provisions of this franchise Or any
only its right of condemnation Of
material portion thereof, or the
the water system through Emi-
failure to promptly perform any
nent Domain proceedings. Dur-
of the provisions thereof, shall be
ing the fourth through the tenth
cause for the forfeiture of this
years of the term of the fran-
franchise and all rights hereun-
chise, the Village shall have the
der. such forfeiture shall be in -
option of purchasing the water
stituted only after written notice
system in its entirety by the pay-
to the Company by the Village
ment to the then owners of an
and a continuation of such viola -
amount equal to the actual total
tion, failure or default. In eddi-
cost of the system less deprecia-
tion thereto, any person, firm or
tion at the rate of 4% per annum
corporation violating any of the
plus any operating losses of the
provisions of this Ordinance Shall
system, said losses not to exceed
be deemed guilty of a misdemean-
the amount of depredation de-
or and punished accordingly -
ducted hereunder and said Imes
Each day of such violation shall
to reflect depreciation at the rate
constitute a separate offense.
of 4% per annum- Provided that
sectwisi 24. 9mbove DaL The
said option shall run out and
franchise and rights herein Smut-
mutcease
ceaseto exist at the end of the
ed shall take effect and be in
tenth year of the franchise term
force from and after the final
and thereafter, for the balance of
passage bared as required by
the franchise term the Village
law, filing of acceptance by the
shall have only its right of con-
Company with the Village Clerk
demnation of the property through
and publication; and shall con -
Eminent Domain proceedings, in
tinue in for= and effect unless
the event that it is unable to
Otherwise terminated for a term
negotiate a satisfactory purchase
of 23 years after the effective
price prior for the system with
date of this franchise. This Jtran-
the then owners.
chise shall be deemed cull and
Section 22. Insurance System
void unless an acceptance has
The Grantee shall at all times
been filed within fourteen (14)
keep the water tanks. Pumps,
days after notification to the
pump houses and other Insurable
Company of passalw
portions of the system, or any
Passed on first reading this M
part thereof, insured in an insurer
day of July, 1961.
approved by the Village Council
HOWARD C. ANDOMON,
against the perils of fire, wind-
(Seal) mayor
storm and other coverages set
forth in the standard extended
Attest:
H. C. JOHNSON, Clerk.
coverage endorsement, to the ex-
(7-27.61)
tent of the replacement cost