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In order to affect the rights graf
<br /> Grantee is authorized to make all necessary
<br /> ~tions in the streets, avenue{, alle~s and
<br />Diner lanes and public places of said City, but the
<br />same sl~all be done with the least posslbl~
<br />i~terference with or inconvenience ~o the public,
<br />i~dividuais, or public property; and the Grantee
<br />sJlall, in all cases, restore all streets, alleys and
<br />pbbic places, and all pavements and
<br />e~(cavations to their original conditi0h; and, in
<br />laying mains and pipes, the Grantee shall
<br />cbn{orm to all reasonable regulations prescribed
<br />by the ,CtY to p'revent iniury to the pavement,
<br />streets, avenues, alleys, and public PlaceS, and
<br />C~rentee shall not unnecessarily interfere with,
<br /> iure or change any pavement, water pipes,
<br /> rains or sewers of said City, either public or
<br /> rivate .without .written consent of the owner
<br /> ereof. - ' '
<br />
<br /> The grants herein contained are upon the
<br /> ~xpress condition that the Grantee shall be liable
<br /> ~or all damages caused by the negligence or
<br /> ~nismanagement of Grantee, its agents or
<br /> .~mployees; in the constructior~ and maintenance
<br /> Said gas distributing System, and it shall
<br /> ~rotect said City from any and all liability
<br /> herefr0m.
<br /> 30.011.5
<br /> Grantee agrees to furnish and supply to the
<br /> ZitY and its inhabitant~[ an adequate supply of
<br /> ;las as long as available under such pressure and
<br /> .-onditions as may be reasonably required under
<br /> such rules and regulatioDs 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 laws of
<br /> of Minnesota and given iurisdiction
<br />
<br /> rates to be charged by the Grantee for gas
<br /> or gas service hereunder, and' the standard of
<br /> 'se~vice~ sl~all be such ~s 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 Minnesota; , and given
<br /> iurisdiction thereof.
<br /> . That all the provisions of this Ordinance shall
<br /> apply to the suc~:ess0rs or assigns of the Gra~ltee
<br /> with the sameLfoi and effect as they do the
<br /> Grant£~
<br />
<br /> i ail Claimswhich may be
<br /> made ag~ by reason of, or on account
<br /> of, the construction, maintenan/ze, or operation
<br /> o;/ the plant, distributing systems, and other
<br /> constructio~ erected and maintained under and
<br /> by virtue of this Franchise, shall defendany suit
<br /> I:irought against the City on account-thereof at its
<br /> so e cost and expense, and should any }'udgment
<br /> .be re0dered against the City as a result of sai_d
<br /> suit or suits, the Grantee hereby agrees to pay
<br /> Said iudgment, and the record of the iudgment
<br /> against said City .in such suit shall be conclusive
<br /> evidence to entitle said City to recover the
<br /> f from said Grantee.
<br />
<br /> Grantee-fails to perform any of the
<br /> requirements, duties, or obligations
<br /> herein provided to be performed by said
<br /> Grantee, the City may cause to be served upo~
<br /> the Grantee a written' notice in the manner
<br /> provided for serving original· notices in civil
<br /> action, which notice shall specify the particular
<br /> conditions,· duties, obligations, or reduiremenls
<br /> which it is claimed the Grantee has failed to
<br /> Per-.fbrm~-~l 'i~ the ~rante~fiali';not ~rfor, m
<br /> such conditions, ,requirements, duties or
<br /> obligatiqn~ specified in said notice within thirty
<br /> (30) days after the date of the service Of said
<br /> notice, upon a proper showing made by the City
<br /> before a court of competent iurisd~icflon, the
<br /> court, at its discretign, may ;order or refuse to
<br /> the perfOrmance of such requirements,
<br /> declare a forfeiture of ell rights of the'
<br />
<br /> A0 ·
<br /> That all ordinances, or parts of ordinances,'
<br /> insofar as they are in direct conflict Herewith,
<br /> are hereby repealed.
<br />
<br /> This Ordinance shall take effect and be in full
<br /> force immediately upon its passage and
<br /> approval by.the City Council arid its publication
<br /> as provided by laW; provided, that the Grantee,
<br /> within thinly (30) days from the date of said
<br />
<br /> CITY OF RAMSEY
<br /> ANOKA COUNT~', MINNESOTA
<br /> CHAPTER 130.11 OF CITY CODE
<br /> NATURAL GAS FRANCHISE
<br /> AN ORDINANCE GRANTING UNTO I~ORTH
<br /> CENTRAL PUBLIC SERVICE CO., DIVISION
<br /> -OF .DONQVAN COM~SANIES, .INC., OF ST.
<br /> .PAUL, MI N N ESQT. A, AN ' IOWA
<br /> CORPORATION, tT,~ SUCCESSORS AND
<br /> ASSIGNS, THE FRANCHISE AND RIGHT FOR
<br /> A PERIOD OF TWENTY-FIVE.[2S).YEARS TO
<br /> ERECT, CONSTRU~T,' RECONSTRU.~T,
<br /> MAINTAIN, AND ;OPERATE A GAS
<br /> DISTRIBUTING SYSTEM FOR THE
<br /> DISTRIBUTION OF GAS, IN THE CITY OF
<br /> RAMSEY, M NNESOI~A,.CONSISTI NG OF ALL
<br /> SUCH EQUIPMENT, MA'CHINERY, PIPES,
<br /> FIXTURES~ TANKS, AND OTHER
<br /> APPURTENANCES AS MAY BE NECESSARY
<br /> OR USEFUL FOR S~CH. DISTRIBUTING
<br /> SYSTEM, AND TO USE AND OCCUPY THE-
<br /> STREETS, AVENUES, ALLEYS, BRIDGES,
<br /> AND OTHER PUBLIC PLACES OF SAID CITY
<br /> WITH GAS MAINS, PIPES, PIPELINE
<br /> CONDUITS AND OTHER NECESSARY OR
<br /> USEFUL APPLIANCES OR EQU IP~ENT'FOR
<br /> THE SALE AND/OR DISTRIBUTION OF SUCH
<br /> .GAS IN AND TO SAID.CITY AND TO THE
<br /> INHABITANTS THEREOF, AND 0.THERS,
<br /> AND TO SELL, TRANS/V~IT AND DISTRIBUTE
<br /> SUCH GAS TO SUCH CITY AND ITS
<br /> INHABITANTS, OR OTHERS, WITHIN OR
<br /> WITHOUT THE CORPORATE LIMITS OF
<br /> SAID CITY FOR EIGHT, HEAT, POWER,
<br /> FUEL, COOKING AND FOR ALL OTHER
<br /> PURPOSES, AND PRESCRIBING. THE
<br /> TERMS AND CONDITIGNS OF THE GRANT
<br />OTHE PENALTY FOR THE VIOLATION
<br />S~AME~ AN~D REPEALING ALL
<br />INANCES IN ~ONFLICT THERE-WITH.
<br /> wHEREAs, North Central Publi~ Service CO.,
<br /> Division of Donovan Companies, inc., of St.
<br /> Paul, Minnesota, has requested a Franchise for
<br /> the d str but o~ of .gas in the City of Ramsay,
<br /> Minnesota, and -
<br /> WHEREAS, It is deemed to be in the' best
<br /> interests of the City of I~amsey, Minnesota, that
<br /> North Central Public S~rvice Co., Division of
<br /> Donovan Corrlpanies, Inc., St. Paul, Minnesota,
<br /> be granted a Franchise therefor.
<br /> NOW, THEREFORE, Be.it o~'deined by the
<br /> City Cquncil of the City of Ramsey, Minnesota:
<br />
<br /> The City of R, am'seY, Minnesota, hereby grants
<br />unto,' North Central Ibublic'Service Co., Division
<br />of Donovan Compa_nle~, Inc., of st. Paul,
<br />Minnesota an Iowa-corpoi'ation,' i~s successors
<br />end:assigns, a non-exclusive' Right .and
<br />Franchise for a period of twenty-five (25) years
<br />. from a~d'after the date of the passage, approval
<br />~ and publicafibn' of ~this. Ordinance, tor er~t,
<br />~..donstr0cf;.'recqnstruct-maintaln and operate
<br />~ Wifl~in :sa'id City: ~i"ga§':disti'ibuting ~ystem, '
<br />· ~ together w~th all aDpurtenances, p~pes,
<br />, m~chihery,'t~nks a~d'a#Pliahces-'necessary or
<br />~ 'lJ~eft~l thereto, for the dl~fribb~ion of'gas for the
<br />· ~¥-~'~o~' ~ selling, d{t~t?ib~ting' and supplying
<br />[i"g~'~d ~at~l city and t~e-lnh~ib'ifants thereof, and
<br />· ~; ~fheFs, together-with th~ R~ght and Franchise to
<br />
<br /> ~ r~OW lai~ ~bf~dd he~e'a(r~&~(~te~ded With ~s gas '
<br />
<br /> · Right and Fran~hiserof s~¥~'~/d~§f~lb-ut~ng ~d '
<br />
<br />'l~'~0~king ~end other purpose~, subiect-to '
<br /> · the~f~;~s and conditions of this Ordinance, as
<br /> ereln':sef;Forth, and repealing all ordinances in'
<br /> ' 'dbr~fliEf therewith.
<br />
<br /> . Grantee shall construct, maintain and operate
<br /> or oth~r~Tvls~ l~PdgiiJe a' h~-bd&rn and adi~quate ga'S
<br /> distributing system for the furnishing, sale
<br /> and/or/distribution of gas in sbid 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~l'l, fror~
<br /> ~ to time, make such reasonable additions-
<br /> extensions as may be required to furnish
<br /> uate service within said ~ity. .
<br />
<br />PRINTER'S AFFIDAVIT
<br /> approval autharizing said Fi'anchise, 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 inc ude North
<br /> Central Public Service Co., Division of Donovan
<br /> Companies, Inc., of St. Paul, Minnesota, and its
<br /> successors and assigns.
<br />
<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 Gamec
<br /> Mayor
<br /> Aires1:. i
<br /> -s- Lloyd~G. Schnelle
<br /> Clerk
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<br />OF
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<br />PUBLICATION
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<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 />mhes (2) Said newspaper is a weekly and is distributed once
<br />
<br />Published in Ano~(a Co. Union ·
<br />
<br /> Sepl, ~, W04 ' , of each year. (3) Said newspaper, in at least half of its issues
<br /> ~a¢l~ year, nas no more 'tr~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· (6at 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 />
<br /> 0rd±nance
<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 . .9.Fl.e ......
<br />successive weeks; that it was first so published on Friday the ....... 7.t.h. ........ day of
<br />............. .S.e.p.t..a.m..b.c. ~,..1. ?.8..~. ..... and was thereafter printed and published on every
<br />
<br />Friday to and including the ............ day of ................................ and that
<br />the following is a printed copy of the lower ease alphabet from A to Z, both inclusive, and is
<br />hereby acknowledged as being the size and kind of type used in the composition and
<br />publication of said notice, to wit:
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<br />
<br /> ~ 7th ~September, 198~
<br />
<br /> ~ ,~.~.~ DIXI~ MASON ~
<br /> ~ /~.-~'~'~;~ NOTARY PUBLIC. MINNESOTA ~
<br /> ~ '~-'~{~' MyComrrdssinnlFxpJrcsf~lay10,1989~
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