HomeMy WebLinkAbout1966-02-17-Special Minutes233
RESOLUTIO:Ire go.s
Mov-edby Howese couded by noh.lston t.ha't the Clerk i;lstruct Engineers dcClure
and )Hengler to proceed to pr-epar-e .Jlans and speoifications l'bquired for bicidiag
and:cunstruction of Eau.kee ldunici}al Gas distribution syst.sm,
Council instructed the Hayor and Attor;ley to go to Omahaand talk to NOl'thern
Natural Gas.I Meeting adj our-ned,
JJw~'Mayor
A S.pecial i,Ieetin;:;of the I'own Council was called February 17,1966 was held
in the Town Hall.
The meeting was called to order by the dayor,and the roll be.ng called,tbere
wer-e
Present:George Kramer,VIayol',in the cbair,and the follmvint;named Cou.ic i Lmen ;
Dr.Charles Howe,James Jobnsto.1,Henr-y Lenard,Vincent lCieyel',Bernard Boone.
Absent:None.
Mayor Kramer reported on his attempt to secure the 5 year contracts from Nortbern
Natural Gas Co.,and stated that Northern's Tariff contract provented their
contracting for less than 10 and more tl1aa 20 years.The legal counsel for NortiJern
Natural explained that they could not enter into the 5 year cont.ruct a,I Other proceeds G-171 attached.
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February 17,1966
The Town Council of the Town of Waukee,Iowa,in the County of Dallas,State
of Iowa,met pursuant to the rules of said Council in Special session,on call of
the Mayor,at the time and place designated in the f~llowing call,a copy of which,
signed by the Mayor,had been personally served on each member of the Council,or
left at his usual pluce of residence,a sufficient time before said meeting,and
service of which has been duly accepted by each member.
Waukee,Iowa
February 17,1966
To --"._---:-::--_
Councilman
Waukee,Iowa
Dear Sir:
You are hereby notified that a meeting of the Council of the Town of Waukee,
Iowa,will be held on the 17th day of February,1966,at Waukee Town Hall,Waukee,
Iowa,at 8:30 o'clock A.M.,for the purpose of considering and adopting a res-
olution providing for the calling of a special election in said City,and for sub-
mitting thereat the proposition of entering into a ..contract with the Nortarn Natural
Gas Company for the purchasing of gas for the purpose of selling the same either
to residents of tile City or to others or to cor por atd.cns;and for the transaction
of such other business as may come before said meeting of tae Council.
Respectfully,
.&84&~
G·eorge?Kramer
We,the undersigned,being all of the members of the Town Council of the Town
of Waukee,Iowa,do hereby acknowledge due,timely and legal service of the above
and foregoing notice and do consent that the meeting bs held.
Charles Vi.Howe
James R.Joimston
Henry Leonard
Bernard Boone
Vincent J."leyer
The meeting was called to order by the lvlayor,and the roll being called,there
were Present,George Kramer,j,layor,in the chair and the followLlg named Councilmen:
Dr.Charles Howe,James Johnston,Henry Leonard,Vincent J.Meyer,Bernard Boone
Absent:NONE
The N~yor read the foregoing call,and reported that service thereof,as above
stated,had been duly made and accepted.
Councilman Howe introduced and read the resolution next hereinafter set out,and
moved its adoption,seconded by Counc.i Iman illeyer;and after due consideration thereof
by the Council,the N~yor put the question upon the adoption of said resolution,und
the roll being called,the following named Cou~cilmen voted:
Ayes:Howe,Johnston,Leonard,Boone,~eyer
Nays:None
Whereupon,the j~yor declared said resolution duly adopted,as follows,to wit:
RESOLUTION
WHEHEAS,this Council of the Town of Waukee,Iowa,upon its own motion deems
it advisable that a special election be called of the qualified electors of said
Town to determine whether or 'lOt the Town of Waukee,Iowa,shall e,lter into a con-
tract ',1iththe Northern Natural Gas Company for the purchasing of gas for the purpose
G).f's:ellingthe same either to residents of the Town or to others or to corporations;
and
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WP3TcEAS,the sa i.d Tov:n of V'h-.tuY.:eehas a popu Lat.Lon of less tl'w,n six thousand
and elections tbe!'cin are ~ovel';:led acco rd LngLy ,and registration of'voters is
not required,and DaLl.as Gourrt.y ~~ews,a legal n8"Js?a~)er,'iJril1ted whoLIy in the
English lal1gu~~;;e,is publisbed in ti:w County of Dallas and is of general ca.rcu-
l::::.tioLl.Ln the I'oun of \Y8.ukee.;now theI'efo::'8
IT IS 10.::S,JLVi.Dby tbe ToY':-'1Council of the Tow;:),of 1;h,ukee,1m'I'D.,on its OYHl
illotion,28 follo~s:
I
Section 10 ThGt n s?ecinl election of snid Town shull be held on the 22nd
day of L'lr;:rcIl,1:)66,i~lViaulcee,Iovis.,f rom eiGht O'ClOCK A.l','••until eiJht o'clock
P~J.:l.and c..t,s.:dd election there shall be subrri.t t ed to t~~6 voters of se.id rrOYJU,to
be by them voted U?Ol1,the pro?ositiol1 of 8~1.teY'L.16into tl}(;corrcr c c't (set out in I
the followi:C.l.g form of br.llot)'i'iith the Nothern N<'i.tur[~.lGas COmpa~lJr for the pUJ::'-
chc.sing of gus for the ?orpose of se Ll.Lng the aaue either to resicGnts of th8
TmJil or to otner-s or to corporations"
At.s::dd election -the bc Ll.ot s to be used for the nforesaid pro-
'prepz.rea on ye Ll.ow colored papar in subs tarrt.LaLl.y 1,be f'o l.Lov-
Section 2.
?:')sitiol1 shall be
in&;form:
(FflDe of B8.l101;
(Notice "GOVoters:For a.i affil'!antive llote upo.i any q,uestion
submittec upon this ballot,lli~ke~cross (X)mark or check (/)
in the squar-e after the Y.'ord IIY.GS11..For a negctive vote make
•.,,.n 11 .t '""'0".)a sJ..fJlJ.J.8.r Ll8.rX ia t.!Je squar-e 10 _OVJJ..tlg be wore!...'<
5hQl1 the Tow11of Haukee,IO:"'J8o,e!1ter into t:oO.:1tr<:.ot 'FJith the
Northern Ne.tural G<.i.SCOlllPG.ilY for tile pur-chase of na'turc L g8.S for
tile i,J"U.rposeof reselling the 5:::.1:16 eitlJer to resic:;cnts of tbe TO"il£l
or to ot:cers or to corpor<::tio ..1S tj,~rouG;-'~the mU~"1ici~8.1 gasvwrks
distributioil systef.1 estuplisLJed and erected as uuthorized -uy vote
of tbe electors of h'aukee,IOVia,beld on June 22,1964,said con-YtS
tro.ct to be in suDstantic.ll;i the follo\,,lin,g form 2.11<-1 to be duted
e-t a~'18.JPl'o)J::'i8.t.edute W~J6n said gas may be nvc:.iliJ.blfJ to the Town HO
[cnd to 06 for L,te:Clfl of upproxir;lZ;,tel~l t'"7J8~lt;y-(20);y·ears the:.~ei:ftGr,
to 1'Jit:
S~HVICL AG:E\'LT:'j.£r~TFOr"llCDII F~:;'TE SCl-iLDu'·,I,·S
Contract dated .,-__-::-,......,.....,..._...,.,,...._=-:-:c-:-.,...."'by G.ndbetw0en TG;i~'T
OF YiAUKEE,IO'~iA (he:tein~fter called the lIGas Utilityll),und i\IOHT:lIJ~l\[l~ATDTw.1.1
G.:i.S CJl.'..P~~lJY (he::ceinafter c~l.lled uHOl'trlernll).The parties agree tog6t~Cler
[~SfolloYJs:
Section 1..Ga.s to be Sold"NOl'thel-n agre.es to sell ::':':::16.delivGr r:t tbe
~h:~ukeeoO:1:'oe::::,stn-tion and t.:ne Gas Utility o.g::rees to purchr"se unCi reoeive natural
gas for gen8I'c.l distribution SL1Q use L"l the COL'1[iLUni ties list.ed in Section 2
he~ceof,su'bj ect to tiJe provisions of this contract"
5ect;on 2.Comnu~1it1es to be Served &nd Contro:~ct Dem2,pds"The cOIflDunities to
be served and ~GbeCO~'ltr,;:,c·bDeL~J.~lds 3,.?plim:~·ble to such corLril1..l11ities cire &6 follows:
Commu;:lit Y To be Served Countv
;~al.1.kee 2 Dc"llns
first ,/en1'of service,
GO[J.-c.r::;.ct Demu:"'ld •.,rCF
Beginning i;~pproxi:r:!.;.tclY"Dcto-ocl'2ritb of tbt:J
service,
SE;COild J(;c~r of
GOD:t:.:tU::wt Der~3.n.d j"lGF
Begin~lil1g D.p;:n~oxi,!;,~tellOctober 2'7tb
service
'Of the i:;:::ird ?e£~r of
COiltl':.'.Ct Dei·:::'.~.:lCi ;,iGF 551
Sectio.fLl..t....Ad(:itioili~l VOL:,;:18S of q.:1S..~~:1e Coat:r'c:ct Der;l"~~ldfor c.comrcro.nity
IiW..y-be increased OJ:'dec:c8D.Scci ~\c pl'ovided iil NO::'t.:1Gl'·~1fs c~)J.?licf_::J18 ::::c;-l:.e ,~;clli.';i:lule
(0)~LJol·-t,:neril snaIl :lnV6 li:le qrio!'riGht to cO:ltruct fo:'t~1e su.~J)l;y,u.ildo:r·,said
schedule (s)~r.:..n:I :''''l:c::Ltional vDl''':.;'18S of ~l:.~·:,,'..n...i:~l ~:::3 'C,ilS Go"s DtiJ..it'J [il::..1:,T desire for
gr3~le:r'rll c~ist.ri-oution r~l1d <.lse in cOj,-Jl'!rtJ.~I~!.tie,'3listed in Section 2 De~ceof,~;'.l1d iJorth-
';'rn aLrees to su~)pl~7 suoh voh:m8s;sU\Jj ·::;ct to the 9r()\risio~1S of 80.id schedule (8).
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Section 4.Term,Tbis CO~ltr:;;ct shall become ef'f'ect Lve ;)ith the first
b'11'"..'1 t',.o'~.0 vr •19"J._lng mOiXG£1Qi1C III <;:.ny case i10"[,U',·eI'nan t..ne IlX'SLJ cay or l~ovelTIDcr,'00,
and Shall continue in effect 1'01'a period of twenty (20)years.
Section 5.Pr-ice.GHS Utilit,)i agrees to PU21 Northe:r'l1for all natural gas
se:rvice render-ed undGr the tel'i!tS of t.Jis coatr<".ct i.L1 acco rdance '.Ii th Northern IS
Rate Sobedule (s)CD-2 as filed with the Federal rower COLlidssion,and as such
rate schedule (5)rao.;/'-be amended or SU~:)(,1's8dedf'r-on time "GOtime.'I'hi s contr2ct
shall be subject to t:Ce prcva.si.one 0.(such rate schedule (8)and the General T(~rms
~nd Conditions applicable thereto on file with the Feueral Power Commission ~ild
effective from time to tfurne,wh i oh by this reference are incorpo!"'2ted her'e.i.n and
made a part hereof.
It is agreed that Northern shall have the right to make,and to file TIith
tbe Federal Power COIilliiissionin accor-dance 1'.lith Section 4 of the N<:"tu:cal Gas Act,
changes in rates and new I'Dtes or ro.te schedules,provided,however,Gas Utility
shall have t.he ri-.;bt to protest any suca CD8.ne,;8s in !'<.?\tesand ;;:lew rQtes or rate
schedules before said Commission,and to exercise any other riGhts it may have with
respect tbereto under 'Ghe llatul'«lGas Act,as amended,or as it may be ;J.IOendee.
Section 6.Cilncellq-tion of Previous Contracts.This contrs.ct supersedes
and cancels,as of tbe effective date hereof,the following town border co~-tracts
between the parties hereto:
Hone
Secti on 7.Notices.Notices to Northern under tbis contract shnll,:be:add-
res sed to it at 2223 Dodge Street,Omaha,liie'~raska,and notices to Gas Utility
shall be add.res sed to it at __-:-:-__,-__,Waukee,Iowa.Either party may
change its address under this section at any time upon written notice.
Section 8.Succession and Assignment...This contract and eacb of its terms
shall bind and inure to the benefit of -the parties bereto,tbeir respective suc-
cessors and assigns.
The parties hereto have accordingly executed tn.is contract.
II Northern Natural Gas Company
(A Delaware Corporation)
By -::---:--:--:-_
President
Attest ;:-_-:-_
Secretary
(Seal)(Seal)
Date Executed _Date Executed __
On the back of each ballot Shall be printed substantially the following with
tbe Town Clerk's facsimile signature in the space provided tberefore.
(Back of Ballot)
onICIAL BALLOT ON PHOPOSITION TO AUTHOlcIZE A COIJT?cACT FOR PUhCHASE OF GAS
FEOI!ITHE NOHTHLI~,j l'ATUIi.ALGAS CO"J.?ANY BY THE TOWN OF WAUKEE,IOViA.
SPECIAL ELECTION
WAUK::E:E,IOWA March 22,1966
(Facsimile Signature)
Town Clerk
Section 3.Tbe j'iiayorof said Town is he reuy autborized,empowered and
instructed to issue a proclamation of notice of tbe bolding of said election,
and tbe date,hou rs ,p.Lace,and purpose tbereof,and to give notice of said
election,and of tbe submission of tbe aforesaid proDosition thereat by pUblication
of said proclamation once eacb week for four consecutive weeks in tbe news-
paper named in tile preamble hereof,being a newspaper of general circulation in
said Town of Waukee,Iowa,tbe last of whicb pUblications in said newspaper sball
be not less tban five nor more tban twenty days before the day of said el ection
in strict compliance witb Section 397.7 of tbe Code of Iowa,1962.
Section 4.At said election tbe entire Town of Waukee Shall be a single
voting precinct and tbe polling place in said single precinct shall be the Town
Hall in tbe Town of Waukee,Iowa.
238
Section 5.That at said election Dr.Charles lioee,nenry Leonard and
Barnard Boone,shall act as judges,and Janet "iullen and Donna Steffen as clerks.
Section 6.That this Council ffi86t on the 23rd day of ~~rch,1966,being
the next (secular)day followin.g the day of s<:;dd election,at tbe TownHaLl.,
i11litbin.srri.d Tovln,at 8:00 o tc Lock ?..hl.,to canvass tbe results of said e Lec td.on,
Passed <:tndapproved,February 17,1966.
~
(SEAL)
Recorded in the records of sa id Town,February 17,l~
"'T"'D~';"J.""*td4:"'e"'r=;:klO>=:~~,#-&-"--
On motion and vote the meeting adjourned.
j,ilAYOE I S PEOCU;\,:J.ATIOH
Waukee,Iowa
Public Notice Is Hereby Given that a special election of the Town of "lluhee,
Lowa ,will be beld on the 22nd day of lAuren,1966,WaUkee,Iowa.,from eignt o'clock
A.1ii.until eight 0 I clock P .LI.,at 'Nhich election t.her-e v\lill be subnu tted to t:t)e
voters of said TO"lll to be by them voted upon the proposition of 8Lltering into a
contract ,-,ithNorthern Natural Gas Company for the purchase of nc tuz-aL gas by the
Town of ~iaukee,Ia-wc.,for the purpose of resell~ng tLJe same either to residents
of the Town of Waukee or to ot:1el'sor to coz-corut.Lons through the municipul gas-
works distribution system to be established as uuthorized oy the voters ut the
municipal election held on June 22,1964.
At said election the ballots to be used for the aforesaid proposition shall
be in substantially the following form:
(Face of Ba l.Lot)
(Notice to Voters:For an affirmative vote upon any question submitted upon
this ballot,make a cross (X)mark or check (/)in the squ<:treafter theword
IlYEStl.For a negative note make a similar mark in the square follor:ing the
word "NO".)
SHALL THE FOLLO'NING PUBLIC l\'j}~ASUTE ~A.D:J?TED?
Shall the T01m of Wr.ulcee,Iowa,enter into a contre.ct
viith the Northern J'ktural Gas Company for the purchase
of natural g<:tsfor the purpose of reselling the same
either to residents of the Town or to others or to
corporations through the municipal gasYiorks distrioution
system established and erected as authorized by vote of
the electors of Waukee,Iona,held on June 22,1964,
said contract to be in subskUltially the following form
and to be dated at an appropriate date when said g<lS
may be available to the Town aad to be for a term of
approximately twenty (20)years thereafter,to-~it:
I
NO
SEJ::'VICE AGRL:&,.'£~~T FOR lieD"F..ATE SGEEDULE5
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Contract dated __.."..by and -between TOWN.!F \iAUKEE,IOWA
(hereinafter called the "Gas Utility"),and IlORTHL:F~JNATURAL GAS CO"iPAilY
(hereinafter called "Northern").The parties agree together as follows:
,_,Section 1.Gas to be Sold.Northern agrees to sell and deliver at the
Waukee 'border station aue:the Gas Utility agrees to pur-chase and receive
natural gas for general distriuutio!l and use in the communities listed in
Section 2 hereof,subject to the provisions of this contract.
Ssection 2.Communities to be Served and Corttract Demands.The com-
murd.ties to be served and the Contract Demands applicable to such comnuuttnea
a:ve as follows:
Communi ty to be Served Rate Zone County State
V~aukee 2 Dallas Iowa
Beginning approximately October 27th of the first year of
service ,Contract Dem~nd iJCF 419
Beginning approximately Octoner 27th of the second year of
service,Contract Demand MGF 481
Beginning approx~uately October 27th of the third year of
service,Comtract De.aand JVlCF 551
Section 3.Additional Volumes of Gas.The Contr:act Demand for a com-
munity may be increased or decreased as provided in lJorthern's applicable
rate schedule (s),Northern shall have the prior right to contract for the
supply,under said schedule (s),any additional volumes of natural gas the
Gas Utility may desire for general distribution and use in communities listed
ill Section 2 hereol,and Northern ag ree s to'supply such voluWes,subj ect to
the provisions of said schedule (s).
Section 4.Term.This contract shall become effective with the first
billing month and in any case not luter than the First day of November,1966,
and Shall continue in effect for a }eriod of twenty (20)years.
Section 5.Price.Gas Utility agrees to pay Northern for all natural
gas ~ervice rendered under the terms of this contract in accordance with
Northern's Rate Schedule (s)CD-2 as filed with the Federal Power Commission
and as such rate schedule(s)may be amended or superseded from time to time.
This contract Shall be sUbject to the provisions of such rate schedule(s)and
the General Terms and Conditions applicable thereto on file with the Federal
Power Comau.s sd.on and effective from time to time,which by this reference are
incorporated berein and made a"part hereof.
It is agreed that Northern shall have the right to make,and to file with
the Federal Power Commission in accordance with Section 4 of the Natural Gas
Act,changes in rates and new rates or rate schedules;provided,however,Gas
Utility snall have the riiht to protest any such changes in rates and new rates
or rate schedules before said Commission,and to exercise any other rights it
may have with respect thereto under the Natural Gas Act,as amended,or as it
may be ..mended.
Section 6.Cancellation of Previous Contracts.This contract supersedes
and cancels,as of the effective date hereof,the following town border contracts
between the parties hereto:
None
Section 7.Notices.Notices to Northern under this contract shall be
addressed to it at 2223 Dodge Street,~naba,Nebraska,and notices to Gas
Utility sna Ll.be addressed to it at -,-.,.-_-:-__.,..Waukee,Eowa ,Either party
may change its address under this section at any time upon written notice.
Section 8.Succession and Assignment.This contract and each of its
teems shall bind and inure to the benefit of the parties hereto,their resp-
ective successors and assigns.
The parties hereto have accordingly executed this contract.
"Northern""Gas Utility"
;~ORTh:t;RNNATUFLI,LGAS CQi.;iPAlIY
(A Delaware Corporation)
TOWN OF WAUt~,IOWA
240
By -:=---,..,.-..,-_
President
Attest:
Secretury
(Seal)(Seal)
Date Executed _Date Executed _
On the back of each ballot shall be Drinted SUbstantially trw following wi.til
the TOYJUClerk's fecsimile si611ature in tbe space provided therefor.
(Back of Ba.llot)
OFFICIAL BALLOT OiJ PROPOSI7ION TO AUTHOEIZE A COH1'I'J:"CT 1!"iOI\.PlihChASE OF GAS
FHOi\'1 THE HOETribR~J :JI:l.;.L',jFul.L GAS COw?AlrI BY THl.Tmn{OF 'dAUi~,I:)\"iA ..
SPECIAL ~L;CTION
(Facsimile Si6nature~
Town Clerk
At said election tbe entire Tm~n of Waukee aha LL be a single V01il:'J.g
precinct and the polling place in said siagle precinct shull be the Town
Ha Ll,in tbe TovJn of Wr'lukee,IO\"JD.•
At said election a Ll.of the qualified voters of sD.id Town of Waukee,
Eowa,are hereby notified to appear at said time and place ..
This ~lOtice is givexl 13;1"order of the Tcm~1Council of the Town of
Vhmkee,Ioyw.,pursuant to the provisions of Cho.pter 397,Co de of Iowa ,
1962,as amended.
Dated at Wuukee ,Iowa,this 17th day of February,1966.
111.1J.'-/'A I,/'-./V'd~
Mrlyor !v
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