City Council Ordinance 117ORDINANCE AMENDMENT 1982 #117
NATURAL GAS FRANCHISE AGREEMENT
SECTION: 8-8-1: Purpose
8-8-2: Franchise Rights
8-8-3: Maintenance
8-8-4: Right of Way
8-8-5: Liability
8-8-6: Service
8-8-7: Rates
8-8-8: Assignments
8-8-9: Hold Harmless
8-8-10: Forfeiture
8-8-11: Conflicting Ordinance
8-8-12: Effective DAte
8-8-13: Grantee
8-8-1: PURPOSE: An ordinance granting unto North Central Public Service Co.,
Division of Donovan Companies, Inc., of St. Paul, Minnesota, an Iowa
Corporation, its successors and assigns, the franchise and right of a
period of twenty-five (25) years to erect, construct, reconstruct,
maintain, and operate a gas distributing system for the distribution
of gas in the City of Monticello, Minnesota, consisting of all such
equipment, machinery, pipes, fixtures, tanks and other appurtenances
as may be necessary or useful for such distributing system, and to use
and occupy the streets, avenues, alleys, bridges, and other public places
of said City with gas mains, pipes, pipeline conduits and other necessary
or useful appliances or equipment for the sale and/or distribution of
such gas in and to said City and to the inhabitants thereof, and others,
and to sell, transmit and distribute such gas to such City and its in-
habitants, or others, within or without the corporate limits of said
City for light, heat, power, fuel cooking and for all other purposes,
and prescribing the terms and conditions of the grant and the penalty
for the violation of same, and repealing all ordinances in conflict
there -with.
WHEREAS, North Central Public Service Co., Division of Donovan Companies,
Inc., of St. Paul, Minnesota, has requested a Franchise for the distribu-
tion of gas in the City of Monticello, Minnesota, and
WHEREAS, It is deemed to be to the best interest of the City of Monticello,
Minnesota, that North Central Public Service Co., Division of Donovan
Companies, Inc., St. Paul, Minnesota, be granted a Franchise therefore.
NOW THEREFORE, Be it ordained by the City Council of the City of Monticello,
Minnesota:
SECTION: 8-8-2: FRANCHISE RIGHTS:
That the City of Monticello, Minnesota, hereby grants unto
North Central Public Service Co., Division of Donovan Companies, Inc.,
of St. Paul, Minnesota, an Iowa corporation, itssuccessors and assigns,
a nonexclusive Right and Franchise for a period of twenty-five (25)
years from and after the date of the passage, approval and publication
of this Ordinance, to erect, constructs reconstruct, maintain and operate
within said City a gas distributing system, together with all appurten-
ances, pipes, machinery, tanks and appliances necessary or useful there-
to, for the distribution of gas for the purpose of selling, distributing
and supplying gas to said City and the inhabitants thereof, and others,
together with the Right and Franchise to use and occupy the streets,
avenues, alleys, bridges and other public places of said City, as now
laid out and hereafter extended with its gas mains, pipes, pipelines,
distributing lines, conduits and other appliances and appurtenances
necessary or useful for the purpose of maintaining and operating such
gas distributing system within said City, and the Right and Franchise
of selling, distributing and supplying said City and inhabitants there-
of, and others, within and without the corporate limits of said City,
with such gas for light, heat, fuel, power, cooking and other purposes,
subject to the terms and conditions of this Ordinance, as herein set
forth, and repealing all ordinances in conflict therewith.
SECTION 8-8-3: MAINTENANCE:
Grantee shall construct, maintain and operate or otherwise provide
a modern and adequate gas distributing system for the furnishing, sale
and/or distribution of gas in said City, and said system shall have
adequate capacity to furnish the reasonable requirements of said City
and its inhabitants with gas, and Grantee shall, from time to time,
make such reasonable additions and extensions as may be required to
furnish adequate service within said City.
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SECTION: 8-8-7: RATES:
The rates to be charged by the Grantee for gas or gas service
hereunder, and the standard of service, shall be such as may be fixed
from time to time by the Grantee and the Minnesota Public Service
Commission, or such other ratemaking body as may hereinafter be es-
tablished under the laws of the State of Minnesota and given juris-
diction thereof.
SECTION: 8-8-8: ASSIGNMENT:
That all the provisions of this Ordinance shall apply to the
successors or assigns of the Grantee with the same force and effect
as they do the Grantee itself.
SECTION: 8-8-9: HOLD HARMLESS:
That the Grantee, in addition to saving the city harmless from
any and all claims which may be made against the City by reason of,
or on account of, the construction, maintenance, or operation of the
plant, distributing systems, and other construction erected and main-
tained under and by virtue of this Franchise, shall defend any suit
brought against the City on account thereof at its sole cost and
expense, and should any judgment be rendered against the City as a
result of said suit or suits, the Grantee hereby agrees to pay said
judgment, and the record of the judgment against said City in such
suit shall be conclusive evidence to entitle said City to recover the
amount thereof from said Grantee.
SECTION: 8-8-10: FORFEITURE:
That if the Grantee fails to perform any of the conditions, re-
quirements, duties, or obligations herein provided to be performed by
said Grantee, the City may cause to be served upon the Grantee a written
notice in the manner provided for serving original notices in civil
action, which notice sh-•11 specify the particular conditions, duties,
obligations, or requi rents which it iclaimed the Grantee has
SECTION 8-8-4: RIGHT-OF-WAY:
In order to affect the rights granted hereunder, the Grantee is
authorized to make all necessary excavations in the streets, avenues,
alleys and other lanes and public places of said City, but the same
shall be done with the least possible interference with or inconven-
ience to the public, individuals, or public property; and the Grantee
shall, in all cases, restore all streets, alleys and public places,
and all pavements and excavations to their original condition; and,
in laying mains and pipes, the Grantee shall conform to all reasonable
regulations prescribed by the City to prevent injury to the pavement,
streets, avenues, alleys, and public places, and Grantee shall not un-
necessarily interfere with, injure or change any pavement, water pipes,
drains or sewers of said City, either public or private without written
consent of the owner thereof.
SECTION 8-8-5: LIABILITY:
The grants herein contained are upon the express condition that
the Grantee shall be liable for all damages caused by the negligence
or mismanagement of Grantee, its agents or employees, in the construc-
tion and maintenance of said gas distributing system, and it shall
protect said City from any and all liability therefrom.
SECTION 8-8-6: SERVICE:
Grantee agrees to furnish and supply to the City and its in-
habitants an adequate supply of gas as long as available under such
pressure and conditions as may be reasonably required under such
rules and regulations as may be established by Grantee, and the Minn-
esota Public Service Commission or other such regulatory body as may
hereinafter be established under the laws of the State of Minnesota
and given jurisdiction thereof.
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failed to perform, and if the Grantee shall not perform such conditions,
requirements, duties or obligations specified in said notice within (30)
days after the date of the service of said notice, upon a proper showing
made by the City before a court of competent jurisdiction, the Court, at
its discretion, may order or refuse to order the performance of such re-
quirements, or may declare a forfeiture of all rights of the Grantee.
SECTION: 8-8-11: CONFLICTING ORDINANCES:
That all ordinances, or parts of ordinances, insofar as they are
in direct conflict herewith, are hereby repealed.
SECTION: 8-8-12: EFFECTIVE DATE:
This Ordinance shall take effect and be in full force immediately
upon its passage and approval by the City Council and its publication
as provided by law; provided, that the Grantee, within thirty (30)
days from the date of said approval authorizing said Franchise, shall
file with the City Administrator its written acceptance thereof.
SECTION 8-8-13: GRANTEE:
Whenever the term "Grantee" is used herein, it shall be taken to
mean and include North Central Public Service Co., Division of Donovan
Companies, Inc., of St. Paul, Minnesota, and it successors and assigns.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Monticello, Minnesota, on the Z_ +(� day of VL
Thomas A. Eidem
City Administrator
Arve A. Grimsmo, Mayor
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