St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-09-25
ORDINANCE No. 727.

ORDINANCE NO. ISi.
An Ordinance Granting Permission to the
st. Paul Heat and Power Company to
Erect Buildings for Storing Natural Gas,
and to Store Natural Gas Therein, and to
Lay Pipes for Conducting Gas Through
the Streets, Avenues. Alleys and Lanes
of Said City.
The Common Council of the City of st.
Paul do Ordaln as follows:
Section l. There is hereby granted to
the st. Paul Heat and Power Company.
it's successors and assigns, permission and
authority, by the consent of the Common
Council of the City of st. Paul, to erect
such Buildings and Machinery within the
corporate limits of said city as may be nee
essary for procuring and storing natural
gas, to be used for the purposes of fur
nishing and selling said natural gas as a
fuel in any building, manufactures or
houses in said city, and the furnishing of
heat and power to any such buildings,
manufactures or houses in the form of nat
ural gas, and to have the right to lay pipes
for the purpose of conducting such gas, in
any of the streets. avenues, lanes and al
leys of said city and to furnish such gas to
the inhabitants thereof, provided, however,
that for the term of fifteen years from and
after the passage of this ordinance the said
company shall have the exclusive right to
introduce natural gas into the City of St.
Paul.
Section 2. Said company shall lay said
pipes under the surface of the streets, ave-
nues. alleys, lanes of said City, and to
conform to the grades established thereon,
and at such depth as may be necessary to
protect the same, and on condition that
they shall cause the surface of such streets,
avenues, lanes or alleys to be restored to
its original state and all damage done there
to to be repaired; and should the grade OH
any street be lowered said company shall
lower their pipes when notified so to do at
their own cost and expense.
Provided. however, that before the sur
face of any street, avenue, lane or alley
shall be interfered with for the purpose of
laying pipes by said company, notice shall
be given to the City Engineer, under whose
direction all pipes must be laid.
Sec. 3. Said company shall at all times
protect defend and save harmless the City
of ST. Paul from all damages from any and
all actions at law, by persons or property
being injured by the improper or negligent
manner of using said streets for the con-
veyance of such gas.
Sec. A. Said company, their successors
and assigns, shall be entitled to enjoy all
privileges hereby granted and confirmed,
for the period or term of fifteen years from
and after the passage of this ordinance,
and thereafter until said city shall, as here
matter provided, purchase the property of
said st. Paul Heat & Power Company,
and everything pertaining thereto, and used
in connection Herewith.
From and after the expiration of fifteen
years from and after the passage of this
ordinance, the Common Council of said
city shall at any time have the right to
purchase said property Of said company, to
include all real property, buildings, ma
chinery and improvements of every kind,
name and description used in the construc-
ton or operation OF said company, their
successors or assigns. together with all the
corporate rights or franchises that may be
acquired by such parties, their successors
or assigns, by paying the value thereof to
be aScertained as follows: Upon the pas
sage of such ordinance for such pur-
chase the Common Council of said
city may by resolution appoint three
commissioners to appraise the value
of the property purchased, and notify the
parties or company then owning said plop-
erty thereof, and thereupon said last named
parties or company shall appoint a like
number Of commissioners for the same pur-
pose, and the six thus appointed shall pro-
coed and appraise all of the said property
at its fair cash value. In case any of said
commissioners cannot act his place may be
supplied by the parties by whom he was
appointed. Said commissioners shall take
into consideration the value of the entire
plant, the wells, works, lands, grounds,
h,,iI 11fo nd inf
thing thereto appertaining, and in case of
their inability to agree upon the value of
said property, they, or majority of them.
shall appoint some one suitable. disinter-
ested person, and who shall not be resi-
dent of the City of st. Paul. to appraise
such property as the said commissioners
cannot agree upon, whose appralsement
shall be adopted by the said commission
ers. The report of said commissioners
shall be made in writing within ninety
days after their appointment by delivery
of copy thereof to each of the parties to
said purchase.
The amount thus agreed upon by the
commissioners shall. within six months
from the approval of such report by the
Common Council of said city. be paid over
to the proper parties, and thereupOn all the
property shall be turned over and vest in
said city; and the city may require, upon
such payment any conveyance executed by
said parties as may be necessary to vest the
title fully and effectually in said city, pro-
vided, however, that until it is demon
strated to the satisfaction of the Common
Council that natural gas has been discovered
in such reasonable quantities as will furnish
a supply of said natural gas to said city,
this franchise, rights and privileges herein
before mentioned shall not vest in said COM
pany or become operative in any manner,
but shall remain in allegiance; and provided
further, that said discovery of such natural
gas shall be made and demonstrated before
the lst day of January, A. ID. 1888, and if
such discovery and demonstration shall not
be made OH or before said aforementioned
date, then this ordinance shall become void
and be of no effect.
Sec. 5. The Common Council reserves
the right to modify or change this ordinance
at any time. so far as relates to the manner
of laying or testing the pipes used by said
company; and after the period of five years
to regulate and fix the price to be paid by
the consumers Of said gas.
Sec. 6. All rights heretofore vested in
the water, sewerage, gaslight or other cor
pOratiOn. are not to be impaired in this or
dinanance, but the rights and privileges
hereby granted are to be equally protected
by the city.
Sec. Z. This ordinance shall take effect
and be in force from and after its passage.
Yeas-Ald. Conley, Dowlan, O'Connor,
Petsch. Cullen, Kerr, Weber. Kahn, Starkey,
Bryant Minea. Long, Mr.. President-13.
Passed Sept 81, 1886.
ROBERT A. SMITH, President of Council.
Approved Sept. %, 1886.
EDMUND RICE, Mayor.
Attest:
THos. A. PRENDERGAsT. City Clerk.
Sept. %, 1885.