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Agenda - Council - 05/24/1984
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Agenda - Council - 05/24/1984
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
05/24/1984
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S~JC7'iOi[ V1 <br /> <br /> The rates to be charged by the Grantee for gas-or gas service hereunder <br />and the standard of service, shall be such as may be fixed from time to time <br />by the Grantee and the Minnesota Public Utilities Commission, or such other <br />ratemaking body as may hereinafter be established under the laws of the <br />State of Minnesota and given jurisdiction thereof. <br /> <br /> SECTION'Vii <br /> <br /> That all the provisions of this Ordinance shall apply to the successors <br />or assigns of the Grantee with the same force and effect as they do the <br />Grantee itself. <br /> <br />SECTION VIIi <br /> <br /> That the Grantee, in addition to saving the City harmless from <br /> <br />any and all claims which may be made against the City by reason of, or <br />on account of, t~e construction, maintenance, or operation of the plant, <br />distributing systems, and other construction erected and maintained under <br />and by virtue of this Franchise, shall defend any suit brought against the <br /> <br /> City on account thereof at its sole cost and expense, and should any <br /> <br />judgment be rendered against the City as a result of said suit or suits, <br /> <br />the Grantee to said and the record of the <br /> hereby <br /> agrees <br /> pay <br /> judgment, <br /> judgment <br /> <br />against said City in such suit shall be conclusive evidence to entitle <br /> <br />said City to recover the amount thereof from said Grantee. <br /> SECTION IX <br /> <br /> That if the Grantee fails to perform any of the conditions, requirement~ <br />duties, or obligations herein provided to be performed by said Grantee, the <br /> <br /> City may cause to be served upon the Grantee a written notice in the <br />manner provided for serving original notices in civil action, which notice <br />shall specify the particular conditions, duties, obligations, or requirements <br />which it is claimed the Grantee has failed to perform, and if the Grantee shall <br />not perform such conditions, requirements, duties or obligations specified <br />in said notice within thirty (30) days after the date of the service of said <br />notice, upon a proper showing made by the City ~ before a court of <br />competent jurisdiction, the court, at its discretion, may order or refuse to <br />order the performance of such requirements, or may declare a forfeiture of <br />all rights of the Grantee. <br /> <br />-4- <br /> <br /> <br />
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