New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1914-04-22

the Of making periodical tests by said city
arne pressure, purity. heating value and candle
power OF the gas manufactured and furnished
ny the Grantees or their assigns under this ord-
nance, and shall during the continuance of this
rancn'se furnish and supply, to said jets all gas
needed Tor said purposes all at the cost and expense
OF said Grantees and their assigns. The Grantees
ana tner assigns shall provide at their gas works
IN SAID city good and sufficient appliances Of stan
dard make and type for testing the pressure, pur-
ty, heating value and candle power Of said gas.
and shall make periodical tests of the purity,
pressure, heating value and candle power of said
gas and keep detailed records Of said tests which
shall be open for public inspection at all times.
provided that said Grantees and their assigns shall
not be required to equip itself with standard
caiorimeter or photometer until its output shall
equal 10000, 900 cubic feet Of gas per year.
The city, by such person or persons it may
from time to time designate for that purpose, shall
at all reasonable times have full and free access
to the gas works and plant and said appliances
OF the Grantees and their assigns. and all depart
ments thereof, for the purpose of full and COM
plete inspection and making the tests Of said gas
herinbefore referred to-
paratus required for testing said gas as hereinbe
fore stated, the notification of the gas referees
covering Metropolis Cas- London, England, shall
control and decide both as to apparatus and
method This notification may be found on page
1S6 OF Michael & Will on the Law relating to
Gas & Water" 5th Edition, London, England.
Section IT, The rights, privilege and authority
hereby granted to lay mains and pipes in the streets
Ill. st Inskx
is for the sole purpose Of conveying gas to said
city and its inhabitants and said pipes and mains
shall not be used or appropriated for any other
purpose. f
Section IS. The Grantees and their assigns
shall and will furnish gas to consumers at q price
not exceeding $3.50 per thousand cubic feet, with
discount Of 10 cents per thousand cubic feet to
any and all consumers using less than Il, 900 cubic
feet of gas per month who shall pay their gas bill
on or before the, 18th day of the month following
that in which the gas was consumed and bill rem
dered and with discount Of Is cents per thousand
| cubic feet for all consumers so paying their gas
bills who shall use 10000 cubic feet and less
than 10000 cubic feet per month;and with q dis
count of 20 cents per thousand cubic feet. for al
consumers paying their gas bills who shall use
over 10000 cubic feet and less than 10000 cubic
feet per month"; and with discount of rs cents pei
| thousand cubic feet for all consumers so paying
their gas bills who shall over 30.0Oescubic feet
OF gas per month; provided, however, that the
Grantees and their assigns shall be permitted to
make and collect minimum charge OF SO cents
per month from each and every consumer whose me
ter does not show consumption of gas which figur-
ed at the current price therefor shall equal such min
| imum charge. :
Section 10. The City of New Ulm shall have
the right at its option at the expiration OF ten years
from the passage and publication OF this ordinance
and at the end of each five year period thereafter,
to purchase the gas plant, mains pipes and entire
works and property of the Grantees and their as
signs, included and used in the operation of said
plant and works upon payment to said Grantees
or their assigns OF the value thereof, which value
shall be determined by three appraisers, one to be
named by the City of New Um one by the Gran
tees or their assigns and the third by these two
In the event that the two appraisers first named
shall fail for ten days to agree upon the third, such
third appraiser shall be appointed by the Judge tf
the District Court of Brown County, Minnesota,
upon application by either party. The decision
of such appraisers any two thereof shall be final
and conclusive as to the value OF said plant and
property, and binding upon said City OF New Ulm
and upoi the grantees and their assigns. In de-
termning the value Of said property, the tangible
property shall be appraised at its lair market value
at the time Of such appraisal. and the intangible
assets Of the company, including good will, fran
chise rights charter rights and similar assets shall
be estimated worth fifteen per cent OF the total
value Of the tangible property of said company as
so determined by said appraisers. No other esti-
mate or valuation shall be placed upon said good
will, franchise rights, charter rights or other in
tangible property of said Grantees.
Section 20. This franchise and the rights, au-
thority and privilege hereby granted shall take
effect on the date Of the passage and publication
of this ordinance and shall continue Tor the period
of twenty years thereafter and no longer. Upon
the expiration of said period, this franchise and
all rights, authority and privilege herin granted
shall terminate and cease without any action what
soever by said city or its officials.
Section 81. This ordinance shall not be deemed
or construed to give grant any exclusive right,
authority, privilege or franchise to said Grantees
or their assigns. ~ ~
Section %. This franchise and all rights, priv
ege and authority herein granted shall be subject
to all Of the provisions of the charter of the City
of New Ulrn and all ordinances Of said city now in
forceor which may hereafter be adopted and to all
of the statutes and laws OF the State of Minnesota
now or hereafter in effect. @
Section %. The said Grantees shall Signify
their acceptance of this ordinance in writing, such
acceptance to be filed with the City Clerk of said
city within thirty days after the passage and pub
LEGATION of this ordinance, and shall be in form ap
proved by the City Attorney OF said city. The
Grantees or their assigns shall at the time of the
fling of said acceDtance make and file with said
City Of New Ulm bond in the penal sum of two
thousand dollars in such form as shall be approved
by the City Attorney Of said city and
with sureties to be approved by the City Council
Of said city, conditioned that the Grantees and