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in order to affect the r
<br />the Grantee is authorized to make all necessary
<br />excavations in the streets, avenue~, alleys and
<br />~ther lanes and public places of said City, but th~
<br />same sl~all be done with the least possible
<br />interference with or inconvenience {o the public,
<br />-individuals, or public property; and the Grantee
<br />shall, in all cases, restore all streetS, alleys and
<br />public places, and all pavements and
<br />excavations to their original condition; and, In
<br />laying mains and pipes, the Grantee shall
<br />conform to all reasonable regulations prescribed
<br />by the ~:ity to prevent injury to the pavement,
<br />streets, avenues, alleys, and public pla'cee, and
<br />Grantee shall not unnecessarily interfere with,
<br />iniure or change any pavement, water pipes,
<br />drains or sewers of said City, either public, or
<br />private without .written consent of the own?r
<br /> thereof..: :
<br /> 130.011.4 the
<br /> The grants herein contained are upon
<br /> express condition that the Grantee shall be liable
<br /> for all damages caused by the negligence or
<br /> mismanagement of Grantee, its agefits
<br /> employees; in the construction and maintenance
<br /> of Said gas distributing ~yst'em, and it shall
<br /> protect said City from any and alt liability
<br /> therefrom·
<br /> 130.011.5
<br /> Grantee agrees to fu[nish and supply to the
<br /> City and its inhabitants an adequate supply of
<br /> gas as long as available under such pressure and
<br /> conditions as may be reasonably required under
<br /> such rules and regutatiohs as may be established
<br /> by Grantee, and the Minnesota Public 'Utilities
<br /> commission or other such regulatory body as
<br /> may hereafter be established under the law~ of
<br /> o! Minnesota and given jurisdi~:tion
<br />
<br /> rates to be charged by the Grantee for gas
<br /> or gas service hei-eunder, and the Standard of
<br /> 'se~vice~ sl~all be such is may be fixed from time
<br /> to time by 'the Grantee and the Minnesota Public
<br /> Utilities commission~ or such other ratemaking
<br /> body. as rhay hereinafter be established under
<br /> the .laws of the State of Mi~nesotc~ and given
<br /> iurisdiction thereof.
<br /> 130.011.7
<br /> That all the provisions of this Ordinance.shall
<br /> 'apply to the soc~:essors or assigns of the Grantee
<br /> with the and effect as they do the
<br />
<br /> maintenance, or Operation
<br /> of the Plant, distributing systems, and Other
<br /> constructioh erected and maintained Under and
<br /> by virtUe of this Franchise, shall defend-any suit
<br /> EfrOUght against the Cffy on account, thereof at its
<br /> Sole cost and expense, and should any '
<br />
<br /> -judgment
<br /> be rendered against the City as a resuit of said
<br /> suit or suits, the Grantee hereby agrees to a
<br /> Said judgment, and the r ..... , p -y
<br /> =~uro Or the judgment
<br /> against said City in SUch suit shall be conclusive
<br /> evidence to entitle Said City to recover
<br /> ~ifhereof fro~ said Grantee.r the
<br />
<br /> ~f fha Granteefails to Perform;
<br /> con'~l~Ton~ renu/ ...... any of the
<br /> · ~ r~'"~ms, out/es, or obligations
<br /> here~n Provided t0 be Performed by
<br /> Grantee, the City may cause to be served Said
<br />
<br /> Upon
<br /> the Grantee a written· nOHce in the manner
<br /> provided for serving original· notices in civil
<br /> action, Which notice Shall Specify the particular
<br /> COnditions, duties, obligati0ns, or requirements
<br /> which it is claimed the Grantee has faUed
<br /> ~ .~e snail 'hot h~rform -
<br /> such c°nditi0ns"rrequirements, duties 'o~
<br /> °bligatigns Specified in said null
<br /> (30) days after t ~ ,~=, , ce Within thirty
<br /> h .... e o~ the service Of Said
<br /> notice, Upon a Proper showing made by/he City
<br /> before a COUrt of competent · .
<br /> ~": ~,.ocren.on, may Order ~- --- th_
<br /> declare a forfeiture of all rights of the'
<br /> 10
<br />
<br /> trhe Z: ,n d,rect oon,,ic,
<br /> 130.011.11
<br /> This Ordinance shaJI take effect and be in full
<br />force immediately Upon its PaSSage and
<br />approval by the City Council add its PUblicati~
<br />as provided by Jaw; PrOvided
<br />LWithln thirty ~'30) dayS from' that the
<br /> the dat. of
<br />
<br /> 0ROI NANCE 84:4A
<br />
<br /> CITY OF RAMSEY
<br /> ANOKA COUNTY, MINNESOTA
<br /> CHAPTER 130.11 OF CITY CODE
<br /> . NATURAL GAS FRANCHISE
<br /> AN ORDINANCE GRANTING UNTO NORTH
<br /> CENTRAL PUBLIC SERVICE CO., DIVISION
<br /> OF ,DONOVAN COMF~ANlEs, ,INC.; OF ST.
<br /> .PAUL, MINNESQ~A, AN IOWA
<br />
<br />CORPORATION, iT, S SUCCESSORS AND
<br />ASSIGNS~ THE FRANCHISE AND RIGHT FOR
<br />A PERIOD OF TWENTY-I~ VE [25);YEARS TO
<br />ER'ECT, CON'STRUC~T, RECONSTRU(;T,
<br />N~AINTAI N, AND "OPERATE A GAS
<br />DISTRIBUTING SYSTEM FOR THE
<br />DISTRIBUTION OF GAS IN THE CITY OF
<br />~ RAMSEY, MI NNESOTA,.CONSISTI NG OF ALL
<br />SUCH· EQUIi~MENT,' M~ChlNERY, PIPES,
<br />FIXTURES~ TANKS· AND OTHER
<br />APPURTENANCES AS'/~AY BE NECESSARY
<br />OR USEFUL FOR'.SOCH DISTRIBUTING
<br />SYSTEM, AND TO USE AND OCCUPY THE~
<br />STREETS~ AVENUES, ALLEYS, BRIDGES,
<br />AND OTHER pIj BLi~ P[:.ACES OF SAID CITY
<br /> WITH GAS MAINS, PIPES, PIPELINE
<br /> CONDUITS AND OTHER NECESSARY OR
<br /> USEFUL APPLIANCES OR EQU I PMENT'FOR
<br /> THE SALE AND/OR DISTRIBUTION OF SUCH
<br /> .GAS IN AND TO SAID CITY AND TO THE
<br /> INHABITANTS ~THEREOF~ AND OTHERS,
<br /> AND TO SELL, TRANSMIT AND D STRIBUTE
<br /> SUCH GAS TO SUCH CITY AND ITS
<br /> INHABITANTS, OR OTHERS, W THiN OR
<br /> WI.?HOU~" THE CORPORATE LIMITS OF
<br /> SAID CITY FOR LIGHT, HEAT, POWER,
<br /> FUEL, COOKING AND FOR ALL OTHER
<br /> PURPOSES, AND PRESCRIBING, THE
<br /> TERMS AND CONDITIONS OF THE GRANT
<br /> , THE PENALTY FOR THE VIOLATION
<br /> S"AM E, AN~D REPEALING ALL
<br /> HNANCES IN CONFLICTTHERE-W TH.
<br /> HE~EAS, North (;enlral Publid Service Co.,
<br /> Division of Donovan Companies, Inc., of St.
<br /> Paul, Minnesota, has requested a Franchise for
<br /> the distribution of.gas in the City of Ramsay,
<br /> Minnesota, arid -
<br /> WHEREAS, It is de~med to be in the best
<br /> interests of the City ~ Ramsay, Minnesota, that
<br /> North Ce'ntral Public S~rvice 'Co., Division of
<br /> Do'novan Companies, Inc., St. Paul, ~innesota,
<br /> be granted a Franchise therefor.
<br /> NOW, THEREFORE, Be.it ordained by the
<br /> City COuncil of the City:of Ramsay, Minnesota:
<br /> 130.011.1
<br /> The City of Ramsay; Minnesota· hereby grants
<br /> unto North Central Public'-Service Co., Division
<br /> of Donovan companies, Inc., of st. Paul,
<br /> Minnesota an Iowa'corpot'ation, its successors
<br /> and'assigns, a non-exclusive Right .and
<br /> Franchise for a period t~f twenty-five (25) years
<br /> from and after the date of the passage, approval
<br /> · and publication· of Ibis-Ordinance, to erect,
<br /> ~, .d0nstr~cf,,'recqnstruct maintain and operate
<br /> ~ Will'in :~sa'id City ai.:ga~-disti'ibuting ~ystem,
<br /> t~gether with aJf '~iDpurtenances, pipes,
<br /> n~achinery, tanks arid' a'p~otiahces- necessary or
<br /> ? t~ef~l thereto, for the di~t~rib~ion of''gas 1or the
<br /> · ~:~'~o~s~ Of 'selling[ .distributing and supplying
<br /> -~":g~OrsaJ~l' City arid fhe'inh~b'itants thereof, and
<br /> ' ~';~'fi'e~'S; ~tog~ther with.tl~ RJ~t and F'ran~hise to
<br /> [' t~"'.'ah~'jbcbup'y~ the';~ff~~t~, avenues; alleys·
<br /> [ I~;id~e'~ a'Rd Other ~&bJi~;C~"li~es ~i said'City·, as'
<br /> [ ~Ow laid.~bf',~fld ~'~af~i;r~r~ded with ~s'gas
<br /> ~ m'ain~,Tp pas; pipelir~/'distributing lines,
<br />
<br /> ' appurjenance$ necessaf'y-or,'usefbl for the
<br /> ;"' pdrpo~' c~-mai'ntaJn'in~'a~:la"6~eit~in[J s0ch gas'
<br /> "d stributihg' systam 'Wi}i~i~'~a~H ~(~!,tl~,:~ and the'
<br /> Right and Frani:his~ bf '~l'ff~]d[~sffibutihg a'rid
<br /> 'Supplyifig said CJ~ a~a'~infiaGtf~f~:th~eOf, a~d
<br /> ~er Si within and:~/ith~
<br /> ~ ~[f~,~ with sL~h ~la~'-for'lightr,'heat' -fuel,'
<br /> ~/:~:~oOking and Other purpose~, subiect-to '
<br /> th&.t~'~s and conditions of'this Ordinance, as
<br /> fi~ei~q~t ~orth, and repealing ail ordinances in'
<br /> ' 'c~b~fliEt therewith.
<br /> 130.011.2
<br /> Grantee s~all construct, maintain and operate
<br /> or oth'er~v3s~ pf'Ovi~e a'h~fOdOfn a'h~ adi~quate gas
<br /> distributing system for the furnishing, sale
<br /> and/or,distribution of gas in said City, and said
<br /> system shall have adequate capacity to furnish
<br /> · the reasonable requirements of said City and its
<br /> inhabitants with gas; and Grantee sh~il, from
<br /> to time, make such reasonable additions
<br /> as may be requi'red.to furnish
<br /> rvice within said City·
<br /> 130.0Jl.3 --
<br />
<br />PRINTER'S
<br /> approval authorizing said Fi'anch.ise, shall file
<br /> with the City Clerk its written acceptance
<br /> thereof.
<br />
<br /> Whenever the term "Grantee" 'is used herein,
<br /> it shall, be taken to mean and include North
<br /> Centre Public Service Co., Division of Donovan
<br /> Companies, Inc., of StL Paul, Minnesota, and Its
<br /> successoi's and assigns.
<br /> 130.011.13 .-
<br /> This Ordinance becomes effective upon its
<br /> passag~ and.publication according to law.
<br /> PASSED, by the City Council of the City of
<br /> Ramsay, Minnesota, this 24th day of May, 1984.
<br /> -s- Thomas Garner
<br /> Mayor
<br /> Attest:
<br /> -s- Lloyc(G. Schneile
<br /> . Clerk
<br /> abcdefghi| klmnopqrstuywxyz ·
<br /> Published in Anoka Co. Union
<br />
<br />AFFIDAVIT OF PUBLICATION
<br />
<br />,OTA ) ss
<br />
<br />,orn, on oath says'he is and during all the times herein stated
<br />of the newspaper known as the Anoka County Union and has
<br />rein stated as follows: (1) Said newspaper is printed in the
<br />r format and in column and sheet form equivalent in printed
<br />tches (2) Said newspaper is a weekly and is distributed once
<br />. of each year. (3) Said newspaper, in at least half of its issues
<br />
<br /> Sept. 7,1984
<br />~ac year, ,as~no more t: an 75 per cent of its printed space comprised of advertising
<br />material and paid legal notices; and in all of its issues each year, has 50 per cent of its news
<br />columns devoted to news of local interest to the community it purports to serve, and not
<br />more than 25 per cent of its total non-advertising column inches in any issue duplicates any
<br />other publication. (4) Said newspaper is circulated in and near the municipality which it
<br />purports to serve, has at least 500 copies regularly delivered to paying subscribers and has
<br />entry as second-class matter in its local post-office. (5) Said newspaper purports to serve
<br />the City of Anoka in the County of Anoka and has its known office of issue in the City of Coon
<br />Rapids in said county. (6) Said newspaper files a copy of each issue immediately with the
<br />State Historical Society. (6a) Said newspaper is made available at single or subscription
<br />prices to any person, corporation, partnership, or other unincorporated association
<br />requesting the newspaper and making the applicable payment. (7) Said newspaper has
<br />complied with all the foregoing conditions for at least one year preceding the day or dates of
<br />publication mentioned below. (8) Said newspaper has published and filed with the Secre-
<br />tary of State of Minnesota a sworn United States Post Office second class statement of
<br />ownership and circulation as of October of each year beginning in 1980.
<br />
<br />He further states on oath that the printed .................................................
<br /> Ordinance
<br />
<br />hereto attached as a part hereof was cut from the columns of said newspaper, and was
<br />printed and published therein in the English language, once each week, for . .o..lq.e ......
<br />successive weeks; that it was first so published on Friday the ....... 7..~.h ........day of
<br />
<br /> Sep.~. ember ~ 198/4 and was thereafter printed and published on every
<br />
<br /> da to and including the ............ day of ................................ and that
<br /> Fri y ........ ~ ,t.^ ~ ........ se alnhabet from A to Z, both inclusive, and is
<br /> the following Is a prlntecl copy ut L.~ ~u,, .... r
<br /> hereby acknowledged as being the size and kind of type used in the composition and
<br /> publication of said notice, to wit:
<br /> abcdefghiiklmnoPqrstuvwxyz
<br />
<br /> ~ 7th ~September~ 198;~ ...
<br /> Subscribed and sworn to beVY ~
<br />
<br /> ~ x.~,~{p, MyCommissin, l:xpJrest~ay10, l.989~
<br />
<br />
<br />
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