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City Council Ordinance 141FRANCHISE FOR GAS DISTRIBUTION Ordinance No. 141 AN ORDINANCE GRANTING UNTO NORTH CENTRAL PUBLIC SERVICE CO., 1725 CARROLL AVENLtE, ST. PAUL, MINNESOTA, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE AND RIGHT FORA PE RIOD OF TWENTY-FIVE (25) YEARS TO ERECT, CONSTRUCT, RECONSTRUCT, MAINTAIN, AND OPERATE A GAS DISTRIBUTING SYSTEM FOI: THE DISTRIBUTION 0!` GAS IN THE VILLAGE OF MONTICELLO, MINNESOTA, COTaSISTING OF ALL SUCH EQUIPMENT, MACHINERY, PIPES , FIXTURES , TANKS , AND OTHER APPiJRTENAVCES AS MAY J38 tECESSARY OR USEFUL FOR SUCH DISTRIBUTING SYSTEM, AND TO USE AND OCCUPY THE STREETS, AVENUES, ALLEYS, BEIDGES, AND OTHER PUBLIC PLACES OF SAID VILLAGE WITH GAS MAINS, PIPES, PIPE LINE CONDUITS AND OTHER NECESSARY OR USEFUL APPLIANCES OR EQUIPMENT FOR THE SALE AND/OR DISTRIBUTION OF SUCH GAS IN AND TO SAID VILLAGE AND TH8 INHABITANTS THEREOF, AND OTHERS, AND TO SELL, TRANSMIT AND DISTRIBUTE SUCH GAS TO SUCH CITY AND ITS INHABITANTS, OR OTHERS., WITHIN OR WITHOUT THE CORPORATE LIMITS OF SAID VILLAGE 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 VIO- LATION OF SAME , AND REPEALING ALL ORDINAt1CES IN CONFLICT THEREWITH. WHEREAS, North Central Public Service Co., 1725 Carroll Avenue, St. Paul, Minnesota has requested a Franchise to arrange for the distribution of gas in the Village of Monticello, Minnesota, and said corporation is desirous of arranging for such distribution of gas, and WHEREAS, it is deemed to be to the best interest of the Village of Monticello, Minnesota, tt-at arrangements to be made for such distribution of gas, and that North Central Public Service Co. of St. Paul, Minnesota be granted a Franchise therefor. NOW T1-IEREPOEE, Be it ordained by the Village Council of the Village of Monticello, Minnesota. SSCTION Z That the VilUge of Monticello, Minnesota, hsreby grants unto Uorth Central Public Service Co. of St. Caul, Minnesota, its successor and assigns, a non-exclusive Right and Franchise for a period of twenty-fiw X25) years from and after the date of the passage, approval and publication of this Ordinance, to erect, construct, reconstruct, maintain, and opsrat• within acid Village, a gas distributing system, together with all appurtenances, ~i~es, machinery, tanks and appliances necessary or useful thereto, for the distri- bution of gas for the purpose of selling, distributing and supplying gas to said Villags and the inhabitants thereof, and others, togettur with the Right and Franchise to use and occupy the streets, avenues, alleys, bridges and other public places of said Village, •s now laid out or hereafter extended, with its gas wins, pipes, pipe lines, distributing lines, conduits and other agpliaeses and appurtenances necessary or useful fox the purpose of maintaining and oper- sting such gas distributing system within said Village, and the flight and Franchise of selling, distributing and supplying said Village and inhabitants thereof, and others, within-and without the corporate limits of said Village, with such gas for light, heat, fu:1, power, cooking, and other purposes, subjsct to the terms and conditions of this Ordinance, as herein set forth, and repealing all ordinances in conflict therewith. SBCTION II Grantee shall construct, maintain and operate or otherwise provide a modern and adegw to gas distributing system for the furaishiag, sale sad/or distribution of gas in said Village as soon as a supply of gas i• available, and said system shall have adegwte capacity to furnish the reasonable require- ments of said Village and its inhabitants with gas, and Qrantee shall, frog time - 2 - to time, make such reasonable additions and •xtenaions as may be required to furnish adsgwt~ service within said Village. SSCTION III In order to effect 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 Village, but the name shall bs don: with the least possible interference with or inconvenience 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 conditions; and, in laying mains and pipes, the Grantee shall congorra to all reasonable regulations prescribed by the Village to prevent injury to the pavement, streets, avenueo, alleys and public places, and Grantee shall not unnecessarily interfere with, injure or change any pavement, water pipes, drains or sewers of said Village, either public or private. SSCTION IV The grants herein contained sre upon the express condition that the Grantee shall be liable for all damages caused by the negligence or a-ismanage- went of Grantee, its agents or employees, in the construction and naintsnane~ of said gas distributing system, and it shall protect said Village froa- sxty and all liability therefrom. SBCTIOI~ V. Grantee agrees to furnish and supply to the Village and its inhabitants, when available, an adequate supply of gas as long as available undsr such pressure and conditions as may be rsasasahlf required under such rules and regulations as. may be established by Grantee, and the Village Council of the Village of Monticello, as by law provided. Grantee agrees to furnish at its own expense meters - 3 - for measuring gas purchased. SECTION VI The rates to be charged by the Grantee for gas or gas service here- under, and the standard of service, shall be such. as may be fixed from tia~ to time by the Grantee and Village Council of the Village of Monticello, or such rate making body as may hereinafter be established under the lawn of the Stat• of Minnesota and giving jurisdiction thereof, provided that the rates to be charged by the Grantee hereunder are to be reasonable, and shall at all-ties be such ae will yield to it a reasonable return from its property used and useful in the furnishing of gas. SECTION VII That all of the provisions of this ordinance shall apply to the successors or assigns of the Grantee with the same force and sffsct as they do the Grantee itself. SECTION VIII That the Grantee, in addition to saving the Village harmless from any and all claims which may be made against the Village by reason of, or on account of, the construction, maintenance, or operation of the plant, diatri- bating systems, and other construction erected and maintained under any by virtue of this franchise, shall defend any suit brought against the Village on account thereof at its sole coat and expense, and should any judgwnt be rendsred against the Village as a result of said suit or suits, the Grantee hereby agrees to pay said judgment, and the record of the judgment against said Village in such suit shall be conclusive evidence to entitle said Village to recover the amount thereof from said Grantse. - 4 - SBC1`ION Ix That if the Grantee fails to perform any of the conditions, require- meats, duties, or obligations herein provided to be perfonoed by said Grantee, the Village may cause to be serve d upon tha Grantee a writtan notics in the manner provided for serving original notices in civil action, which aotice rhall specify the particular conditions, duties, obligations, or requirements which it is claimed the Grantee has failed to perform, and if the Grantee shall not perffrm such conditions, requirements, duties, or obligations specified in said notice within thirty (30) days after the date of the service of said notice, upon a proper showing made by tha Village before a court of competent jurisdiction, the court, at its discretion, may order or refuse to order the performance of such requirements, or may declare a forfeiturs of all the rights of the Grantes. In the event that the Grantee, its successor or assigns, have not made suitable progress in the building of its distribution system in the Village of Monticello by December 31, 1962, or in the event natural gas is not available for raid system by Decsmber 31, 1962 the Village in either case may cancel this franchise by a thirty day (30) written notice to the Grantee, its successors or assigns, without the necessity of any court hearing whatsoever; provided, that the Grantee, its successors or assigns, can show that said natural 8rs may be available within a reasonable time to coatply with the terms of this franchise, said notice of cancellation shall be extended for such reasonable period but not to exceed a period of ten months. SECTION X That all ordinances, or party of ordinances, insofar as they art in direct conflict herewith, are hereby repealed. SECTION JCI This ordinance shall take effect and be in full force imeodiately - 5- ~E, ~., n a upon its passage and approval by the Village Council and its publication as provided by law; provided, that tts Grantee within thirty (30) days frog the date of said approval authorising said Franchise, shall file with the Village Clerk its written acceptance thereof. SECTION XII Whenever the term "Grantee" is used herein it shall be taken to mean and include North Central Public Service Co. of St. Paul, Minnesota and its successors and assigns. PASSED, ADOPTED AND APPROVED by the Village Council of the Village of Monticello, Minnesota, on the __~ day of~ 1958. C . or ~_ ~/ i i Clerk - 6-