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Ordinance No. 0230 03-04-19631 ' oRDINANC� N0. 230 GR.I�NPING TO THE �OLIS GeS COMPANY� A CORk'OR6TION ORGANTL�I1 UNDER THE 1,AwS OF THE STATE OF Dr:ir�wAR.�, TTS SDCCrSSORS is2� ASSIGN3, Y�ffSSION TO IIS� THE STR�ETS AI�ID YUBLIC PLACFS IN THE CTi'Y OF FRIDLE^I FOR THE CONSTRUCTION, MAINTffiZLNCE AA1D OPERATION OF R SYST.�2+I OF MAINS, PIYELIA� AND OTH�R FACTt,ITIiyS FOR THr: MANUFACTUR�, DI9'PRIBUTION AND SALA OF GAS, SUBJDCT TO CGRTAIN TF�i'fS APID CONDTTIONS, AbID YRESCRIBZNG THE RATr� TO BE CHAFiC*ID THrg?.EFOR, isN� RE!'�1LING �wL ORDINiiNCr�, �t PARTS OF ORDINANCFS, INCON3ISTr�7T ArRr1vITH. whereas, the Minneapolis Gas Company, a corporation organized under the las�rs of the State of Delaxare, ovns property used and use£nl in the manufacture, distribution and sale o£ gas in the Citg of Fridley and is operating said property in aaid City; and wheresa� the Billage Covncil oP the Vt7�e af Fridle� on the itth day of Angust, 1952, adopted sn ordinance grazrting s franchiae to the Minneapoli� Gas Compaziy, its succesaora and assigna, for the �nufacture, distribution and sale of .gas in said Villege for a period of twenty (20) yesrs� and said ordinaaee is nofr effective in said Gity; and wheress� meetinga have been held betxeen representstives of the Minneapolis Gas Company and the City Couneil of the City of Fridley reI- ative to a renision of the franchise previ.ously grsnted; and whereas, the Mi.nneapolia Gas Company, as and for cansideration and ccmpensation for the rights and privileges here� granted, has agreed to aimrender its present franchise oxdinanee and has agreed� during the term hereof� ta continuously auppl� gas service to the inhabitants of the Qity, a� providsd in this franchise ordinance� and has a�reed to per- forn� contractval obligations set forth in said £rsnchise ordinanee, and has sgreeci to pay to the Snbvrban Rate Authorit� for the use and benefit of the City the amaunt provided in Section 18; and whereas, the City Council of the Citg of Fr3dle�� in cooperstiox� xith other mvni_cipalitiea of the suburban area� has detarmined that it is desixabZe and to the advanta�e of the consvmers of gss in the City o£ Fridley that a new franchise should be granted by ssid City to esid Co�any upon the terma and conditions e�ressed herein and that the previous franchise horeinabove referred to should be repealed ara3 all rights and prinileges of the Company thereunder surrendered and cancelled except as hereinafter provided. NOW, THI�t�'OR�� TfiE CITY OF FRIDLEY DOES OHIIAINs SHCTION 1. In this ordinanee the terms "Murd.cipalitq'�, �'Municipal Council" and "Municipal Clerk" shall mean respecticely, tha City of Fridlerg� the Council of the Citg of Fridley and the Clerk of the City of Fridley. If at ar� t3me the pc�tders o£ the Municipality, the Municipal Council or the Municipal Clerk aha21 be tran�ferred to any other suthority, board� officer or oificera, then and in such case such authority, board� . officer or of£icers shttll have the righta� poirers and dutiea herein refarred to or prescribed for t�e Mvnicipality, the t4unicipsl Covncil and the MunicipaZ Clerk respectivelq. The term '�Compariy" ahall mean the Minneapolis Gaa Compax�y� � , its snecessors and assigna, aixl the rrords '�atreeta and pnblic places" sha21 mean the straets, avenues, alleys, parkways, roads, squares, parks, bridges, roi.aducts and public placea in the Mtmicipality. The term °gas° as uaed herein shall be held to include manuf�etnred gas, natural gas, reformed natural gas, a miarture of natural gas and manuSactured gas� or other form oP gaseous energy, The term "one thousand cubic feet" of gas vhere uaed in this oxdinance is 1,000 cubic feet of gas measured at tern- perature and pressure existing at the point o£ metering, or, when corrected, at 60° F and 7.lG.5 pou�s per square inch, abaolute. � The term "suburban area" shall include the cities of � Bloomi.ngton, Co2umbia Heights, Cryatal, P'ridlep, Hopkina, Robbia�adale, St. Louis Park and Wayzata; the villsges of Brooklyn Genter� Brooklyn Park, Deephisven� Fdina? NSrcelaior� Golden Valle�, Greemvood, HilZtop, Maple Grove� Minnetonka, Morningside� Ne�r Aope, Osseo, P7,Ymonth� Richfield, St. Anthony� Shorewood and woodland; the tovmship of Edea Prairie; aml the area of Fort Sneiling. Other municipalities or area adjaeent to or near the City of Minneapolis or the "suburban area'� may be included in the "subvrban area" Por rate-making � purpoaes, subject to the provisions of 3ection 12. The term "Suburban Rate Authority" shall mean an organiza- tion consisting of one member appointed try the Municipal Covnci� of each Mun_tcipality in the subvrban area adopting this ordinance and e�cisting £or the pvrpose of administering the rate provisi�ns oP th3a ordinance. It is empowered to employ consultants arid others ard ahall adopt auch rnles, regulations and byla�rs as vill enable it praperly to perform the funetions harein provided for. 3I�TION ?. There ia hereby gr�ted to Minneapolis 6as Company� its succesaors and assigna, for a period extending to Januarg 1,1983, from and after the acceptance of this ordinance bg the Company� and j.*ainer oP rights by said Company required by Section 27 hereoi� and enbject to the terms� conditions and limitations Aerein stated, the right to manufaetura� i�ori, transport� sell and distribute gas for hesting, il2emiinating and other purposes vithin the limits oY the Municipality as the bound- aries thereoP naw axist or as they may be extended in the £uture, and £or that purpose to eatablish the necessary £acilities and equigment and to r�intain a manufacturing plant� gas mains� servi.ce pipes and a�y other appurtenancea necessaxy to the manuiacture, asle and distribution of gas in and along the streeta and pubZic places of aaid Municipality, and to do all things whic}: are reasonable, necessary or customary in the accomplishment of this objective, aubject, hrnrever, to the fvrther proviaions of this franehiae. Frovided� hcnrever� that bafore esid Compaqy shall estabZtah ariy pla nt in asid Municipality fer the manuiacture of gas� the approval of the Municipal Council oP the lxation thereof� in the exerciae of a r�asonable discretion by sa3d Ceuncil, ahall be first obtained by said Cotrq�az�y*. If the right or priv3.lege to manufact�e� purchase� tranaport� mix, distribnte or sell gas in annezed territoxy, shall be owned or coritrolled by tho Compaap at the date of anne�cation� aaid right or privilege sha11� from arri after the date ot annexation and dvring the balsnce oP the term hereof� be exercised ami controlled by the provisions of thi� a�dinance. The Company agrees ta manage ita plsrrt ar�d operatiane in a reasonable e£ficient and economical manner. The Company also agreea to use due diligence in the matter of the iasuance o£ long-term debt to aasure reasonable cost of such debt, provided, hmaever� that thts should not be construed as requiring competitive bids on nert debt issues. 3r7CT20N 3. The Compan,p shall charge, demand, collect and receive jnst and reasonable rates, charges and eo�ensation sa hereinafter providec3. The altering, amend3sig or revising of any ratea made by the Company to obtain eomplianee with this ordinance shall be by the Suburban Rate Authority. The said Suburban Rate Authority exiata for the puxpose oP revier�ring gas ratea made by the Company and undertaking appropriste action thereoa aa in this ordinance authorized. Nothing in this ordinance shsll prevmt the power harain given to the Snburban Rste Authority to alter� amend or reviae Compariy ratea from being hereaPtes delegated, by law� to - aome othar governmental snthoritp. � ' � From rsnd after the efiective date of thia brdinance, tdie � Company ahall chazge, demand� colleet ax�d receive not to exceed the follo�ting rates for gaa �upplied %o each customsr at ons lxation in the enti.re anbnrban ax'ea, including the � Municipality� for each month, eaccsept as said rates shall be changed or modiSied s� hereinafter provlded, vizt !'ips� 300 cu ft or lesa Neoct � 3,700 cu ft Naet 26,00o cu ft Neoct 130,000 cu ft Neact ]1t0,000 cu Yt Atl over 300,0�o cu it $2.00 1.1�3 per M 1.10 per M 1.00 per M 1.00 per M .90 per M The rates above specified are called "Block Ratee". 'Phe rates permitted by this ordinance, e�ccept a4 to natnral gas furnishe:3 indvatrial cuatomers, are for natural gas having a monthly aversge toial gross heating value of not less that 950 Briti�h Thermal IInits per cubic foot, and shall continue, subject to adjustment as herein provided. Bills shsil be rendered at ratea permitted by this ordinance; pro7ided� however� that srhen a bill is not paid within ten (10) days after s bill is delivered or mgiled to a customer' the Company may charge, demand, collect ancl receive the amount thereof plus ten per cent (10�1. The Company may require a�r consumer of gas to depo�it w3.th it a reasonable amount as security for paymeat of gas vsed or to be used Uy said consvmer. The Company shall pay interest on the deposit at the rate of aix per cent (6�) per amm�n. (a): The said rstea shall remain in force and effeet and be adjusted from time to time, as hereinafter provided. In order to avoid undue discrimination between customers the Compa�y may, at tha time apecif3.ed in this seetion a� subject to review in the aarae manner as is provided in said ordinance, adju�t the Blook Rates either ir,/ changing the nvmbex and size of the blocks or by changing the price variation hetween the blocks, or both, br'by changing the rate form, by submitting at the time of £iling the adjusted Block Rates materisl and data s�porting the de�irability for such change or changes and the ressonableneas thereof. Yrovided, the Company ahall make a rate atructure study at lesst once in each five qeara herasfter. Yroaided� inrther� that the Hlock Rates for ariy other type of gas flmnished in place of natural gss may be revised by agreement between the Subvrban Rate Authority and the Compa�y. Aothirtg herein sha].1 prevent the Cotnpan,y from establishing from time to time during the term hereot lart+er rates than the rates hereby permitted, and, in addition to tha rate schedulss contained in this section, from establishing, changing or discontinuing load bvilding, inducement or com- petitive rates, provided that such rates shall be reasonable for consumer� frithin different classes of seraice and that s lesser rate t� one ela�s of conawners shall not impose an undue burden of coat upon conavmera in other classes. The Compa� ahall have the right to contract for the aale of gas for industrial use on an interrixptible basis, re- quiric� the customer to have standby equipment for use upon not3ce b� the Gompaziy. T1'ie Company�s svles� regulations� achedules or contraeta for eurts3ling iirterruptible gas aerviee shall be nniform as applied to eaeh class oi interruptible customera. i � (b). The Black Rates apecified in thia section shall re- main in force and effeet until January 31� 1963. In the mc�nth of January, 1963, ancl thereafter in the month oP Januarp of each year during the remaining period cover� by this ordi- nance, the Compsny shall decrease the Block Rates, and map increase the save, sufficient to permit and enable the Company to realise Actual Net Earnings equal to the Allcrwable annual Return� as provl.ded for in Section L�, for eaah calendar year o£ aaid remaining period. Increasea or decreases in the Black Rate� to be made at or about the end af eaeh of the �bove mentioned calendar qears ahall be based upon forecasts £or the ensuing eale�ar year of the rates required to permit artd enable the Compaqy to reslize Actual Net r:arnings during said calandar year suf- ficient ta produce the Allovable Annual Return plus past unabsorb� deficiencies therin, or less past unatsorbed over- ages therein, aa the caae may be� whieh may occur aFter January 1, 1963, nnder the terms of this orr3inance. The Comptu�y shall fi2e xi.th the Subvrban Aate Authority� on or before January 10 of each yesr, the aforasaid fore- casts, together with the Block Rates irhich are proposed to be e££ective on bills rendered after January 31 of that year. Provided, hcntever, in order to minimize or prevent �cessiva - fluctuations in the B1oek Rates� the Companp may ac3ditionallq once during a calendar year, but not prior to July 15 thareof� adjust the Block Rates in the same msnner as provided above for the adjustment of said BZock rates at or about tY:e end of each calendar year. In Mak3ng increaaea or decreeaea in the Blocsk Rates here- under� fractions oP one-half (zj cent or more shall be contited as one cent and fractions of Iess than ona-hs1F (�j cent shaZl be disregsrded so far as �,he current period is concerned. (c). The Company agrees not to meke ax�y chsnge in ra%es pezmii.tted or required by this ord3nance either by altering the classi£icatian thereof, or otherw3.se�ugtil aftar twenty (20) days� notice of a� euck change has been given to the Suburban Rate Authority. Such notice shal7. be deemed to have been given when a Written statement of any change� or chmnges, in sneh ratea� signed by the Company, shall be filed with the Suburban Rate Authority. The Company shall furnish such information, reports as�d atatoments relating to any such changes which may be required by the Suburban Rate Authority. Any chan�e in rates made purauant to the terms o£ this cxdinance shall be made ef£ective as soon as prac- ticable aSter the expiration of each calendar year, subject to the proviso in Subsection 3(b). Provided, that beYore any rate established by the Co�s� for any new class oP Consumers shall become effective� tlae Company sha11 give ten (IO) days� similar notice to the Suburban Rate tluthority oP the establishment of said rate, which mag be slter�, amended or revised srithin ten (101 days thereafter as in this section provided. The filing o£ any notice with the Suburban Rate Rnthority� as required by this ordinance, shall be deemed noiice to this raunicipality. (d}. The Company agrees that an,p change in ratea made by t$e Company, not in accordance vith this ordinance, may be altered, amended or reviaed, so as to conform to the pro- vfsions of thia ordinance and acaordi.r� to the terms thereoP, by an engineer, auditor or sccovntant of tha Suburban Rate Auihority duly appointed for sueh pnrpose. The engineer� su8itor or secountant so appointed aha1Z be qualified and axperieneed in pu6lic utility regulatory matters and an employee oP the said Suburban Rate Authority. A�y auch alteration, amendment or rev3sion ahall be made by order, � � i r,j ' , siating the reaaons ther£or, duly aerved on the Coa�ax�y wtthin twenty (20) days sfter notice of such proposed rates shall be gieen by the Campany, a� in th3s ordinance pro- vided. The Compsny sha�7. have the right to a prompt hearing and revie�,r of euc'r. alteration, araendment or revision in the courts of the State of Minnesota, if proper application ia made therefor Frithin ti,irty (30) daqa after notice of such alteration� amendment or revision, and if euch hearing and revi.ew ia applied for, then until such alteration, amendment or revision shaLl be finally sustained or altered by such courts, the rate made by the Company ahall remain in e£fect for the period as prov3ded in this ordinance. At the time of making the spplication £or review the Company sha11 file with tte Clerk of Court a corporata undertakfng requiring it to rePund, rebate or comply u3.th �uch other relief aa said court� maq order. At the hearing provided Yor herein on the issue or issues raised by the aforesaid order the courE shall consider all evidence which may be relevant and proper. (e). The Company agrees that wiien no change in an erxiating rate is proposed at the time of a rato Piling, the esid Suburban Rate Authoritg shall haee the power to altera amend or revise the sai.d e�cisting rate in the manrier provided in Subsection 3(d), if the said exi�ting rate is not in accor- dance with the provisions of this ordinance, The right of the Company Por court review in sueh 3nstance shall also be the same as provided in Subsection 3(dj. (i). The Ccmpany ahall not charge� demand, cellect or receive a greater or leas or different co»ipensation for ar�p service or similar service rendered, or to be rendered, than the rates and charges applicable to such servies in effect at the time for consumers in the same class� nor shall the Company ref�nc3 or remit in ar3y manner or by any device arXy portion o£ the rates or charges so specified. The Compan,y sha11 not offer, extend to� or accept from aziy person or corporation any form of contract or agreement for aervice that is not regularly and nniformly spplicable to all per- sons and corporationa receiving the same or like aervice. The Co��np shall not extend, afford or use an,y rule of regulation, or any prinilege or fscility that is not reg- ularly and vniformly applicabZe to ali persons and corporations receiving aervice under the same or I,ike conditions' e�ccept as provlded in 3ubsectien 3�aj hereof. S�TION L�. It ia the purpoae oP this ordinance to inenre that the con- awner shall pay only fair, just and reasonable rate;and that sneh rate will pex�ait the Company to make a ressonable rettarn on the capital investmettt in the business, as herein- _ after defined in thia Section, vnder an economical aad ef£icient management of the same. , (a). As used in this ordinance, "allowable annusl return° aha].1 mean the amount computed by application oi the _ "allowable rate of retvrn" to the "allmrable rate 6sae�� aa defined in accordance v3.th the provlsions o£ Subaectiona (b), ic)� id), ie)e if) and fB). ,(b). The "allos,rable rste of return'� shall be 6-1/2� during calendar years srhen the Company�a average eost oi long-term debt capital at the beginni�g of the current ,year is not leas than ?-2/2� nor greater than 1�-1/2�. Long- term debt ahall consiat oY all debt due over one year siter date of issne. The aeerage eost of long-term debt shall be the weighted average e4fective cast of the outatanding long-tarm debt at the beginning of the cvrrent year. The e£feetive coat of each debt issue ahall be computed b� diaidirig the product of the interest rate and principal amount iasned b� the net proceeds of the iasue. The net proceeds oi an issne shall conaiat of the pr3ncipal smovnt plus any pre- miiuns reeeived� leas an,y discounts actt3 isauance expettse� and less call premiume vhen any refunding of an i�sue resnits in a lower effectise cost of debt, whenever there is a de- erease in �he Companyte average cost of long-term debt capitsl belox 3rl/2� or an increase abwe lt-?./2�� the "alloFrab2e rate of return" of 6-1{2� ahall be decreaeed or increased by 50� of such decrease or increase. Thereafter� any contra move in the average cost of long-term debt capital will required the reverse adjustment in the"a2lotrable rate of return". No change in the�'allawable rate of return" shail be made unless the decrease or increase in the average cost oP lang-term debt capital ahall equal at least 1/10 of one per- centage point� and in no event shall the decrease or increase in the ��allcntable rat� of retnrn" be other than im m�2tiplea of 1/20 oi one percentage point. (c). Tt�e "allovable rate base" shall be the sum of the "fair value o£ the subvrban area utility plant" nsed and aaeful in the publfc service as provided in Subsectiona (dj� (a) and (P) and worTcing capital as provided in Section 5� less average contributions in aid of construction and average cash advances for conatruc�ion, aa reflected on the Gomp�+s Books. (d). Thm "fair valns of the snburba�n a�rea �rtility plant" shall be the svm of 50� o£ the avaraga original plant coat including the current yesr net additions, leas depreciation per books, computed on s monthly basia, ar�d 50� of the "reproduotion cost nev" plant as de4ined in Subsections (e) and (f), lesa depreciation. IIepreciation of the "rep- rodnction cost new° plant shall be computed by the use oY the ratio of the book depreciation reserve to the original p2ant groaa cost� plus three (3) percentage pointa. The 50� weighting of the ��reproduation cost nev" plant - sha11 be used as long as the Co�anyts ratio oP debt capital does not exc�ed 60� at the beginning of the current yESar. If it exoesds 60� the �0� xeighting of the d1reproductian coat - nex" plant will be deereased by one percent�ge point for e�ery one percentage point increase in the tlebt capital ratio above 60�. In auch event the 50� weighting of the original plant cost �ill be increased by eaeh percentage point that the saeighting of "reproduction aoat nex" plant ia decreaaed. {e). ��Reproduction cosb ne�r" ahall conaist of the avm oY the following amountss (1) The original eoat at the beginning of the pre_ ceding calendar year oP alI plant clssaified as Intangibla Plant, Land and t�artd Rights, arx7 General Plant, e�ecluding Structures and Tmprovements. (2J The original coat at the beginning of the pre- ceding calendar qear of all other plant trerxied to reflect the Aandy_wh3tman Index of Yublic Utility Construction Costs {North Central Divisianj as of - Jvlp 1 px^ior to the current calendar year. Each plant account shall be trended by nse of the follm+l.n� irid m�es : Plant Account Itx9ea All Manntactured Gas F'rodne- Totsl Conatruction and tion Plant �cluding l,and Equipment (Mann- and Lattd Righta faetured Gas) Distribution Plant Sbractvrea and Improvements Maina - Steel Maina - Cast Iron Ptm�ping and Regulating �quipment Structnrea and Improvementa Maina - Steel Mains � Cast Iron Mechanical Equipment excln- sive of Gas Holdera � ' � (Fla� Accovntj Services Meters Meter Installationa House Regulators House Regulator Installa- tiona Other Property on Cnstomera� Premisea ���) 3exviees Hetera Meter Installations House Regulators Houae Regulator Inatalla- tions Structurea and Improvementa (3eneral Plant Structurea ani Isprovexenta Structurea and Improve�eenta At�q neK Plant Account srhich mag hereafter be eatahlishad shall be trended in accordanee with the appropriate Handy- - whitman Indeu. �31 The original cost of the groa� plant additione, lees retirementa, installed in the preceding calendar year. - (�) The original cost of the gross plant additiona� leaa retireenerita, installed during the current calendar year aneraged on a monthly basis. (Y). At the end of each five-year interval the constructioa cost trends eacperienced by the Comparip since the adoption of this ordinance ahall be compared with the appropriate Handy- whitman Index. Zf, after such compariaon, the di£ference betxean the Aand,p-whitman costa and the Company"s experience ia 15�, or lesa, of the to�al '#reproduotion cost new" plaat, the Handy-whitman Index costs Trill be used for the sncceeding five qears. I£ the differencs ezceeds 15�, the parties agree to adjuat the Handy-whitman costs to rafl�t Company experience. In the event the Handp Whitman Index of Nublic Utility Con- struction Costs {North Central Division), or its successor, is no langer avsilable, another aimilar Index mntually agrae- - able to the Company and the Suburban Rate Authority xi].Z be used. (g). Aa used in thia ordinance, "Actual Net Barnings° of the CompamJ sha1Z consist of the balance remaining after deduct- - ing from ihe gross revenues o£ the Company from the manufact�zre, purchaae, m.i�ctnre, tranaportation, diatribution and sale of gas sold in the said subnrban area during the calendar year of 1963, � aach calemdar year thereafter� the foZlowing operating and msintenance coats snd expen'es connected with the manu- fact�e? pvrchase� mixture, transportation, distribution and sals of gas sold in the said suburban area dnring such ca2endar periodss (S) Prodnctioii Expenaea, inalnding cest oP purchsaed gaa; (2} Dfatribution azrl Utilization Ekpensea; (3) Customers� A¢eounting and Collecting NScpenses; (�) 3alea Promotion Expensea; (5) An item to cover ��Adminiatrative and General EkpenaeaM xhich shall be the just, £air and reasonable cost to the Compa�- of all of the sub-accounts that are included in auch tidminiatrative and GeneraZ �cpenses, but ti,e aggregate of ��administrativa Salaries�� a�r1 °General Incidental Expenses" classified aa in the preaent practice a£ the Comparty in these accounts shall not eaceed in an� calendar year three per cent (3�) of the annuai gross revenue, including contr3butions� gratvities and donations not to exceed three-tenths of one per cent {3�10 of 1�) of the annual groas revenue. (6) All taxes a� governmental impositions of every ttature acivally paid b� the Companv directly to govern- merital tax collecting agencies or acexued in secordance 0 �._ xith general acceptable aceovnting prinaipZea. Any tax other than an ad valorem tax xhich may hereafter be la�rfully suthorized and ihereafter separately imposed by a�* municipality shall be added only to the bills oP the customers within auch municipa2ity. (7) An annusl allovance, beginning lanuary 1, 1963, Yor depreciatioh of d�praciable property oxned by the Comparry snd used and useful in randering gas service in the sub- urban area for each calendsr yesr during the term of this ordinance oP sn amount des3gned to recover the original cost of such depreciable propertp wer �he eatimated average aervice-life of each group of propertg on a straight �ine baais, computed by application of the anrmal depreciation ratea, nbw uaed by the Company in recnrding depreciation on the books of the Co�aqq to tlze origina2 cost ef dep- reciable property included in each of the major property classifications and properly chargeable to depreciation �xpens�a. Yroeided, hrnvever' aneh annuai depreciation ratea may be reviaed periodically so as to reflect all PsetorS bearing on the amovnt desi�ned to recover the orig- inal cost o£ auch depreciable property over ita estimated average aervice-2ife; (8) All other aetval and praper classea oP maintenance and apersting e�epenses of the Company; �9) � item to cover taxas , depreciation and return on at� plant not included in the suburban area AlloWable Rate Base, but Which is used and usefnl in rendering public service therin, � credit item (deduction frora expenses) ta oover taxes, depr�iation and return on ariy plant included in the suburban area allouable rate base, but vhich is properl� allocable to rendering aervice out- aide the suburban area, snbject� however� to the proviaions of Section 1. (10) Annual allo�rance for amurtization of extra-ordinary property losses resulting irom change in tqpe of gas, tmusua2 obsolesceace or vnYoreseen property da�aage. Appropriate itema maq be amorti$ed or aearued according to accepted aceonnting practice and, axcept aa othex�riae pro- vided in this ordinance for specific itema' #he actual experience ef the Compauy shall be the determinjng fsetor in support of the amounts and rates of amortization or aecrual for euch iteIDS� as such �cperience gives a definite guide. All expenme items, xhether charged direet7,y and entirely in a ealend� year or amortized or accr�zed aver a longer period, all revemie items and all bala�e aheet itema shall be, at ail tines� reeorded bp the Company in su6stantial aecordance with tho Uni£orm Syetem o£ Accounts for l3as IItilities aP the Nationsl Assoaiation oP Railroad azxt Utility Co�mnieaioners, except as otherrriae pronided in this ordinanee arxi except that installment and carrying charges tir3.11 be credited to gross merchandise sales. The allocation of the Compa:ry�e operating eacpenses and Plant within axxl without the snburban area sha12 be made by the Gompa� in aceordance xith � formula that ressonably reflecta the costs as they oecur far rendering service within and wi.thout the said ares. A� change in such fornnnila made in ang rate filing will be speciPically referred to in a separate comm- �i.cation filed rrith the Snburban Rate buthority at the time of t.he rate filin�o• When there ia a balance in the accovnt for cumulative overage in excess of the allcnrable retnrn, such balance shall be credited wi.th interest computed at the current prime 3nt4reat rate. Net refnnds (after taxes) £rom ar�y supplier ahall be credited to such secount. (3verages in such account may be used, by mutnal agreement, in anch manner as srlll minimise or prevent vioZent ilnctuations in ratea, notwithstand3ng the proviaiens oT Subaection 3(b). � � � 1 ' ' Sr7CTI0N 5. The Compar�,y shall be entitled to fair and adeqnate irorking capital in an amount determined sa followss As used in this ord3nance, "working capital" shall mean sn amonnt applicable to the suburban area for the aalendar year of 1963, a� for each caler�ar qear thereaftert equal to the annual average funda imrested by the Company during auch calendar' yeara in materials and supplies on hand� merchandise accounta receivabZe, prepayments and deferred charges properly chsrge- able to operations, plus a cash £vnd equal to ten (10) days� average daily operating expenses and ta�cea, plus one-eighth (1/8) of the annual operating expenaes and taxea, less credits for the annual average of accrued taxes and purchased gea accounts payable. The working capital computed in accordance stith the foregoing formula ahall be included in the allrnrable rate base as provi.ded in Subsection !t(c). SF7CTION 6. The Co�ar�y shall file with the Suburban Rate Authority printed scheduZes xhich shaZl be kept open for pnb2ic inspection, ahofrl.ng all rates, chasges, corrpensation, forms o£ contracts or agreements made� established or enforeed or to be enforced Srl.th customers in the auburban area� t�ogether xith all rules and regulations relating to rates, charges or serviees rendered or to be rendered and aZl pri,vileges allawed arn3 Sacilities afforded by the Company to its cuatomers in the snburban ares. The Suburban Rate Authority shall have the right at at�y reason- able time to inspect, �amine and audit the accountsa books� recaxz3s, reports, contracts� document� and papers of the Compatiy. The said Suburban Rate Autiiority may sppoint or . designate the person or persons to make snch inspection, examin- ation or audit. S➢CTIOit 7. The Comparry ahall at alI times keep� maintain and preaerve Por the suburbaa area proper and secvrate engineeris�, accounting, financial and stati�tical records� reZating to the construction, cost, maintenance and operation of its property v�hich at all tirr�es shall show carrectly and in deta3l a71 its financial transaetions� inclixdir� a11 of ita r�eipts and diaburaementa and the partieulars thereof, and all data need£ul for the preparation of the statements and reports hereinafter prov3d �I _ for. The Company aha71, each month, prepare artd file with the Subnrban Rate xuthority the.follovings (a) A detai2ed ststement o£ all asaeis and liabilitiee of the Company as of the cloae of the preceding month; (b) A detailed atatement shawing aource s� application oP revenues of the Compar�y from the sale of gas and of bq-prodncta and from all other sources for the preceding month and year, up te ani including the preceding month; also ali expenditures of the Company during ssid pear; all dividends arrl interest psidj the eoat of all materials used in ths manufaeture of gas� all operating expenses� taxes and salariea; the cost o£ aIl repairs and af all propert,y, real or personal, by 3t purchased, sequired, constructed or installed; ss3d statements shall be so prepar� as to shrnr the net inaome of the Company irom ita regular bnsiness and from all other eources and the nae or disposition of said income. The Company shall also, from time to time, fvrnfah monthlp operating azid financial reports ar� such other information, reports snd statements regarding its property and businsss, and the cor�uct thereof� as the Suburban Rate Authority msy requ3re. All infora�stion, reparta S19d 6't8t�lfiBIlt9 furniahed ta the Suburban Rate Authority by the Corrq�any ffih�]1 be certified by the President� Secretary or other proper officer of the Compat�r. $GiTIQri Ve �. The prrnrl�iona uf thia ordinance rela%ive to alloorable azmusl return' alloorable rate of return, a7l.avable rate base arul acex�ing annval depreciation rates f�ed under the proviaions hereof and other requirements ahall be ecnsidered as conditiona h�reof, but no such proviaiona, nor any matter, fact or thing herein corrtained aha11 be constrned aa an admission either by the Muniaipaliiy cS the Compa�y in conrtectioa xith any proceeding Por the acqvisi.t3on of the Company�a praperty� or aziy pert thereof, wndsr emtnent donaain or condemmation proceedings� or in coimectian with an� proceeding for the aaluation of the Co�as��a property,, or azpr part thereof' dari.ng or aft•er the termtnation hereoP� or in comeeetion wi.th ar�y proceeding for the fizit� of ratea aiter the terminaticn hereof� to any of srhieh proceedings the Mimicipality aha11 be a party. 3HCfI0N 9. In determining "allotaable annual returu", "allcaxable rate of return" and "allwable rate base" vnder 3eetion !t hereof, the books and reeorda of the Company, a� it� preciecessors, made asd kept prior to the passage of this oxdinanoe,, ahall be used insofar as necessary in app2ying said Section !�. 3�CCTIflN 10. The books of accovnt shall contain an acceunt that may be designated as "Reaerve for Deprecisiion of Utility Ylsnt", or similar term� s�thich ahall ahew at alt times as near]y as may be the unexpended or unused balance of aecumulated charges to operati.ng e�cpenees on accrnmt of depreciation, replacemente� renerasle or retirements, when any property is abondoned or . remoeed, withdrawn� retired from� or ia not uaad and uaeful in - the public s�rvice for ax�,y cause, the actual mriginal cost aha11 be credited to the appropriate capital account, and auch amount plus the coat incidental to said abandonmerit, removal� xithdrastal or retirement shall be ¢harged to ssid reserve9 - sub3eet� hcn�everT to the provisiona of the following paragraph. Ths salvage value received and aay other amou�s recovered from said property shall be credited to esid reserre. When a snbstantial aegment oP the Coag�aiYy�a ut3lity property ia reqnired to be abendoned and retired from service becanse of change of type of gaa, or unusnal obaoleaeence, or unforeeeea property damage and anch propertp ia not fully covered by the depree3.ation reserve or other reaernea or bp insurance, then the unrecovered balance of such property shall be credited to the depreaistian reaerve or other appropriate reaerPe and be charged to a deferru] charge accouttt deaigttated as "Ektra- ordinary Yroperty i,oases". Charges to asid deferred charge acconnt shall be amortised by charges to operating expenses as provic�ed for in Section !�. If the original coat is not shrnm by the booka and records of the Compaqy or its predecessors� auch amovnt shaZl be eatimated a� a record shall be made t�y Lhe Corapanp shwing the facta npon which said estimate was based, the manner iti vhich it �ras determined and the person by whum it xa� made, and said estimated amount, together xith remc�vsl costs and aalvage value� or other amo�mts received or recovered frc+m said property� ahall be aceoumted for in Lhe manner aa hereinabove provided. 3i�TI�N 11. The Co�ar� shail at all timea keep� maintain aad preserve alI the booka� records and accounts o£ the Minneapolis Gaa Zight Compaany, a eorporation organised nnder bhe lavs of the State of Minneaota, aral the Mimieapolie Gas I3ght Co�s�y� a corpe�ratioa organtaed nnder the l�ars of the State oP Delavare, the predeceeaora of the Company� ax� sueh books, records anc3 acconnte shall at all reaaenable time$ be open to inspeetion arxi examination by th� Suburban Rste Anthority� as provided in Section 6, in reapeet to the books� reeords and accovnta of the Company. The Companp ehall set up, keep and maintain at all times at its gensral offices� acourate books of accozutt� shrnring among other things a� nearly as map be the actual original cost of the property ormed by the ComparXy within the subnrban area. For this purpose� tha booka and recorde of +he predecesaor eompaniea (Minneapolis (3as Light Compar�y oS Minnesota arnl Minneapolis Gas iight Compar�p of Delaware) may be uaed withont prajudice to the Subnrban Rate euthority in any proceeding vhere the setual original cost may be an issue. A11 property �� � � i� ' added ahall be .rttrred on the books at ita aetnal original eoat. 3HCTI02d 12. The Co�ar�Y agrees to lay such of its main� and pipee as come within iia requirementa for service as soon a� reasonably poasible to do so. The Company sha11 give reasonable notice to the municipal engineer of plans to Iay maina in ar�T part of the Municipality. the laying o£ such msins ahall not unduly interefara rrith esta- bliahed municipal planning. �ictensions o£ serrice beyond the borders of the aubnrban area as herein defined ahall not collec- tively cast any undue bnzden on the customers in said suburban area. S�TION 13. The csounail of the Municipalitv ahall have the right to make snch reasonable rules and regulations as may be necessary to provide adequate and proper service. The Municipalit� shall have the p�rer to provide for the inspection� examination and aseertainment of the accuracp of a� and all gas meters uaed or intended to be used for measuring and ascertaining the quantity of gas supplied by the Comparpr and to inspect, exami.ne and aseertain the accuracy of racording pressure ganges and of all apparatns for testing and proving the accuracq of gas meters. SPATION ].lt. The Co�an,p ahall not open or diatvrb the aurface of any atreet or publie place for ar�y purpose i.ri,thont f3rat having obtained a pm^�ni.t so to do from the propsr Municipal offi¢ials, for Which . pexmit the Municipality may impose a reasonable i'ee to be paid by the Cotrspar�. Tha mains, services and other property placed in the streets anci public places pvrsuant to sueh permit shal7. be lasated in the,streets or portion of the atreets and public places as ahall be deaignated by the Municipalitp. The Cor�any shall, uoon completion of any w*ork requiring the opening of an,y atraet or public place, reatore the same, including the paving snd its Toundations� to as good condition as fflrmerly, and shall exercise reasonable care to msintain the same for two (2) years therea£ter in good condition. Said xork sha1Z be performed with due diligence and if the Company shall £ail promptly to perform and complete the Work, to remove all dirt and rubbiah and to put the street or public plsce in good condition, the Municipalitp shall have thm right to put the atreet or public place in good conditfon at the expense of the Company; ami the C mrq�arty shall� upon demand� pay to the Municipality the cost of such work done for or performed by the Municipality, together with ten per ¢ent (10�) additional as liquidated damages. Notwithstanding the foregoing provisione of this section, the Company may open and disturb the surface of any strset without a permit vhere an emergencp exiats requiring the irmnediate repair o£ a gas main or gas aerv3ce. The Company in such event will request a permit not later than the second working day thereafter. SI�TION ls, whensver the Mvnieipality shall grade� regrade or ehange the line of aqy street or public place or censtruct or reconstruet aryp seFrer or vrater system tHerein and shall, in the proper ezerciae of ita police pc�rer, and with due regard to seasonable working conditions� order the Compar�y to relocate permanently its m�i.ns� serv3ces and other property located in said street or public plsce, the Company shall relocate its facilities at its rnm expenae. In construing this paragraph� the obligation of the Company to relocate its facilitiea ahall be as applieable to water systema ss it is to se�ter sy�tems. The Municipality sha21 give'the Company reaaonable notice of plans to grade, regrade or change the line of sup atreet or public place or to construct or re- construct amf ae�rer or water sqstem therein. 'Phe Compar�y may be required to relooate its facilitias at its own e�cpense ahere grade changes are made by the Municipality for improved drainage or improved traffic canditions} provided, hoxever� iP a aubsequent relocation or relocationa shall be ordered within ten yesrs from and after th� first relocation the Munici- pality ahall reimburae tha Compan;}* Yor such non-betterment relocation expense whieh the Company may incur on a time and material basi�. Provided� however� nothing in this ordinance contairted sliall deprive the Company of ite righta nnder Section 261.ltb, M3_hnesota Statutes. Aothing eontained in this section ahsll require the Company to remove and replace its mains or to cut and reconnect its aervice pipe running from the main to the customerts premises at its c>wn expense crher� the removal axx3 replacement or cutting and reeonnecting is made for the gurpose o£ a mora e�cpeditious operation for the construction or reconstruction of said sexer or vater system; nor shall anything contained herein relieve ax�y pereon� persons or corporationa from liabilit� arieing out of the Pailvre to exercise reasonable care to avoid injuring the Company�s facilities xhile performing any work connected with grading� regrading or changing the line oi any street or public place or with the construction or reconstruction of a�y sewer or water syrstem. where the Manicipality ordera the CompasXy to relocate ax� ot ita facilities� the Compan,p aha11 procesd with such relocation. If euch relocation is done xithont an agreeme�st f3rst being made as to who sha11 pay £or the relocation coat, such relocation of the facilities bp the Company ahall not be construed as a xaiver of its right to be reimbursed tor the relocation coat. If the Gompan,p claims that it should be reimbursed for such relocation eo�ts} it shall notifp the Municipality within ten (10) days aYter receipt of such order. SHCTION I6. The MunicipaZity shall give the Comp�ny reasonable written notice of plans £or street improvements xhere paving or resurfacing o£ a permanent natura is imolved, which notice shall contain the nature and character of the improvements, the atreets upon which the improvements are to be made� the extent of th� improvements and the time when the Mnnfcipality ia going to start the Work, and� if more than ona street is involved� the onier in which this work is to proceed. Pavinr or resurfacing of a permanent nature refers only to Yortlarni cement concrete or high type bitvminous concrete. The notice ahall be given to the Cocr�any a sufficient length of time� considering seasonable working cond3t3ons, in advance of the actual co�mnencement oP the work to permit the Compan,p to make any additions, alterations or repairs to its facilities deemed necesssry by it. In cases where streets sre at final w9.dth and grade, and the Municip�.7.ity has inatalled underground sewer ar�d water maina and aerviee connections to the property line abutting the streets prior to a permanent paving or reaurPac3ng of 5uch streete� arx3 the Company�s main ia located under such atreet, the Company may be raquired to install gaa sezvice connectiona prior to such paving orzesurfacing� whenener it is apparent that gas service will be required dvring the £ive yeara fo7lowing the paving or resnrfacing. 3F�CTION 17. ill maina� services, governors arni oiher propertv and £acilitiea ahall be so located, constructed, installed and maintained as not to endanger or unnecessarily intpr£ere crith the ususl and customary wrade, traffic and travel upon the streets and p�lblic places of the Municipality. The Company ahall keep and maintain a11 of its property in good conc�ition, order and repair, so that tMe same shall not menace or endanger the life or property of a�y peraon. The Municipalit�r ahall hane the right to inspect ar� examine at any reasonable time the property owned or used, in part or in whole, b� the Company £or the purpose o£ manu- factUr3.n�� diatributing, furnishi.ng or selling gas in the suburban area, SI�TION Y8. Tha Compan�r agrees to pay to the Suburban Rate Authority, ef£ective Janusry 1, 1963, not less than $30,000.00 per qesr to be allowed as an operating expense to the Compar�y and which shall be used to secure compliance with this ordinance, and for such other purposes relaiing to the Co�r�pany}s purchased gas coats and gas supply as the Subtirban Rate � u � � ' Authority sha11 deem necessaxq. The �ount of such annual pa,yment aha3.l be subject to posaible revision by the Suburban Rate Authority anci the Co�any� not oftener thsa once in five (5) Ye�'$, if mutual�y agreed to. 3�TIOii 19. Z'he Compa�y shall at all times provide arxl P�u�niah an ade4nate, safe and continuous supply of gas to the Mvnicipalit� and its , inhabitanta� subject� however, to the further provisions of this seciion. The Compar�y salls and distributes gas through- out its entire diatribution system. The natural gas distributed by the Compst�y is 4vrnished b, the pipeline sy�tem o�med and operated by Northern Natural Gas Compang, a"natural gas company" under the Federal Natvrsl Gas det, xhich subjects aaid Northern Natural Gas Compa�y to the jnrisdiction of the Fedaral rower Convnission. The Compa�{}r shall not be liable to the Mnni:cipality or ita inhabitants� nor shall the Municipality, or a�y inhabitant xho is a customer of the ComQaag, be liable to the Compar{y hereunder by reason of the failurs of the Company to deliv�r� or of the tiunicipality,or a cnstomer to receiva, natural gss as a result oP acta of (}od� or the publia eneirq*� inability cd pipel3ne supplier to furnish an adequate euppl,y due to an emexgency, an order or decision of a public regulatorv body or other acts beyond the control of theparty affeeted. � whenever any of the occurreness named above take place, the Compat� sha71 have the right and suthorit,y and it shall be ita duty to adopt reasonable rules and regulations in con- nection with Iimiting� curtailing or allocating exten�ions ot aervice or supply of gas to any castom�r or prospective customer� and �rith-holding the supplying oP gas to new cnatomera, provided that such rulea and regulationa shall be uniform ss applied to each elasa of cuatomers; classiiications of custamera shall be reasonsble and shnll be non3iseriminatorg ag between mvnicipalitiea in the anbnrban area, IS service is temporarily suspended b�auas of anq of the reasons sat £orth above, occurring �Chrough no faolt or negligent act on the part of the Compan;r, such suspension shail not be made the basis of ar�y acti.on or proceeding to termi.nate thia franchise. 'Phe quality of the gas sold in the suburban area shall be th e sama as that sold to the Companyts customers in the City of Mirmeapolis. The pressure at which gas is snpplied arxi the method and manner of testing the heating value, quality, purity and pressure of tha gas supplied, shall be in seeoidance with aecspted national startdards. 37�TION 20. The Compa�+ shall indemnify� keep arni hold the Municipality free and hax�mless from liability on aceovnt of injury or damage to peraona or property grosring out of the negligent construetion� msintenance, repair and operation of ita prop- erty, and in the event that suit ahall be brought against the Mun.tcipality either indepen3ently or joinbZ,y �rlth the Company on account thereoP, the Corrg»ar{Y� upo:: notice to it by the Municipslity, ahall defend the Mwiicipality in an9 snit at the cost oY the Gompany, and in event of a final judgmerrt being o�tained against t.he Municipalit,y, eibher _ indepe�ently or jointly with the Company, the Compsny shall pay sueh judgment with all costs and hold the Municipality harmless therefrom. SHCTTON 21. �Tothing herein sha11 be conatrued to limit the right of the Municipaiity to sequire the property of the Gompany urider any act af the legislature notr or hereafter exieting, not vnder any provisions oi law nosr e�cist3ng or hereafter adopted. In the event tho Municipslitg shouli3 desire to acquire the property of the Co�arqr by ths exercise of em3nent domain� as herein set forth� the Cottq�any agrees that its value for the pv�pose o£ such acquisition shall not inelude a�y amovnt Por the vslue of any right, privilege, franchise or grant from the State of Minnesota or the Munic3pality, for goa9 will, or for future profits, and that 3n determining said value no regard shall be had to the amovnts of stocka, bonds and other obligations of the Company. SPATIQN 22. The rights and priv3.legea hereby granted are not exclvaive and the N.unicipality e�cpressly reservea �Ghe right to grsnt ]3ke rights and privi.leges to other persons or corporationa. S�TION 23. If the Compariy ahall be in dePsult in the per£ormance of any of the material terms and conditions of thia oxdinance and sha21 cozrtinue in default for more than ninety (90) days after receiv3s�g notice from the Municipal3ty of such default� the Municipal Conncil may, by ordinance duly passed and adopted, terminate all rights granted vrnier this ordinance to the Co�any. The said notice of defavlt ahall be in srriting aaud shall speeify the provisions of thie ordinence in tt.e per£ormance of which it ia claimeci that the Company is in de£ault. Such notiee ahall be eerved in the manner provided by the laws of Minnesota for the serniee of a summons and complaint in a civil action. The reasonableness of any ordinux e so passed declaring a forfeitnre of the rights and privileges grartted by this franchis ordinance shall be subje¢t to review by a court of competent jurisdietion. SF7CTION 24. Any change of the form of governmeixt of the Mvnicipality aa authorized by the State of Minnesota shaZ1 not afPect the validity of this franchise, any municipal corporation - sneceeding the Municipality shall, Without tbe consent af the Company, succeed to a11 the rights and obligations oP the Municigality prov3ded in this franchise. 3HCTION 25. �ceept aa herein otherwiae speci£ically provided, whenever notice ia to be'given to the Compax�y, such notice in writing� addressed to the President, Vice Yresiderrt, Secretax,y or Treasurer oY the Company ami delivered at the Minneapolis office ot the Company ahall be servi.ce of such not3ce; arrl rrhenever notice is to be given to the Municipa2ity, such notice� in trriting� addressed to the Municipal Clerk and delivered at his ofiice� ahall be service of such notice; and ivhenever notice is to be given to the Subarban Rate authority, auch, 3n Srriting, addressed to such Suburban Rate Aut�iority and delieersd to its of£ice or to one of the members of ita governing body� shall be sernice o£ sneh ncstice. 3�RION 26. An ordinance entitled "Granting to Minneapol3.s t3aa Light Compasry� its stieceaaors and assigns� the right to manuPacture� import, transport, sell and distribute gaa for heating� illuminating anc? other purposes in the Vil].age of Fridley� and to uae the streets, avenues and alleys thereof for that purpose"' paased on the ltth day of August� 1952� ia hereby repealed. SE�TION 27. This ordinance ahall be null and void unle�s the Compax►y aha7.1, after the publicatfon thereof and prior to aprii 1,1963, Pi�e with the Municipa2 Clerk a written acceptance of the eame and an agreement on its part, aigned and aclmcnrledged in its behalf under its corporate seal by ita du7.,y authorized of£icers� to snrrender all rights and privileges under the ordi.nance described in Section 26, and to comp7y with, abide by, keep sxed perform all of the terms� conditions ard require- mertts herein contained upon its part t0 be complied vith or performed, atv3 that the Gompany uill not contest the validity af this ordinance or of a�y rate or ratea �rhich are in accordance x3th the terms hereof, except as herein expressly proroided. 3�,"TI�N 28. The expenss cf the publicstion of this ordinance aha11 be paid by the Company. � �� u SF7CTION 29. 2£ this orcl3nance is not adopted by March 1, 1963, by munici- paliti.es in which b6-2f3� of tha cuatomers oY the Company in the suburban area are located� the M_vnicipal Council may revoke the same, The Co�any agrees to fiZe with the Municipal Clerk on or before March l�, 1963, a sworn statement showing the total number of customers in the suburban area and the totsl number o£ customers in municipalities in whic'.a the ordinance has been adopted. I£ thi3 ordinance is revoked the provisions of this ordinance shall be frithout prejudice to e3ther party in ax�q* snbsequent proceeding. , SHCTION 30. Three years after January I, I963, either the Company or the Subiirban Rate Auihority may request a review of the question of rrhether the rate formuls contained in Sections it and 5 accompliahes the purpose e�cpeessed in the f3rat sentence of Section 1t. Such review may be initiated by making a written request therefor to the other partq dnr'l.ng the month oP January, 19b6. Theretxpon, the Suburban Rate huchority and the Gompany shall revieyt and disc�ass such question with each other, thoroughly and in good faith, for a period not to exceed s3x months,. fuiy change in said rste formula siiall ba prospective in egaration only and shall be made by amendment to Secti�na 1� or 5, Any such amendment to be effactive must be adopted before Uecember 1, 1966, by municipalities in whic� 66-2%3� of the custom�rs of the Compar,y in the suburban area are located and accepted in r�miting by ihe Company in the form provided in Section 27 prior to Januaxg l, 1967. In the absence oS ar�y such amendment, so adopted and accepted, the rate £ormula containad in Sections it an3 5 shali be axid remain in e£fect during the bslance of the term of this franchise, 3�TSON 31. If ar�y s�otion� psrsgraph� aubdiviaion� alause or pravision o£ thia ordinance shall be adjudged irnalid or unconstitutional, � the same shall not affect the vaZidity of thia ordinance as ' s whole, or any part or orovision, other than the part so - decided to be irrvalid oz unconstitutional. � S�CRTON 32. Thia ordinanee sha11 take effect ar� be 3n forCe ipom and at`ter January 1, 1963� and after it� publication and its acceptance by the Compar�y subject to the provieions of Section 29. � PASSED TH� ltth DAY OF MARCH, 1963. . �-� t F,✓� �� it �� c.e�ti.i ATTk�Ts CITl� r1iiNAGt�;R..r;ar1 Y, wagner . /'� / — L,/ L - n . Brunae r