Ordinance No. 0043 08-04-1952•
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ORDINANCE NO. 43
GRANTING TO MINNEAPO-
LIS GAS COMPANY, ITS SUC-
CESSORS AND ASSIGNS, THE
RIGHT TO MANUFACTURE,
IRIPORT, TRANSPORT, SELL,
AND DISTRIBUTE GAS FOR
HCATING, ILLUMINATING
hND OTHER PURPOSES IN�
THE VILLAGE OF FRID-
LEY AND TO USE THE
e STREEFS, AVENUES
AND AILEYS THERE-
OF FQR THAT
-� PURPOSE. .
THE VILLAGE COUNCIL OF
FRIDLL:Y DO ORDAIN AS
FOLLOWS:
Section 7. Grant of Authority.
There is hereby granted to Min-
neapolis Gas Company, herein-
aftcr called the "Company;' its
successors and assigns, for a
period of twei�ty (20) 3'ears after
tl�e adoption hcreof, the right to
manufacture, import, transport,
sell, and disUibute gas for heat-
ing, illuminating, and othcr pur-
poses wtihin the limits of this
Village, hereinaCter called the
"Village," as the same now exist
or as they may be extended in
poses within the limits of this
the fut�re, and fnr t0at purpose
to establish the necessary facili-
ties and equipment, and to main-
tain a manufacturing plant,
gas mains, sercicc pipes, and
any other appartenances neccs-
sary to thc manufacture,
sale, and distribution of
gas in and along the
streets, alleys, a�-er�ues, and other
public places oF said municipali-
ty, and to do all things which
are reasonable, necessary or
customary in the accomplishment
of this objective; suhject how-
ever, to the further provisions
of this franchise. Provided, how-
��4�er, that before the said com-
pany shall establish any Plant in
� said Vi]]age for the manufacture
�`eif gas, the approval of the Vil-
lage Council of the location
thereof, in the exercise of a rea-
sonable discmtion by said Coun-
cil. sha❑ be[irst obtained by
said Company. No such plant
shat] be wnstructed or operated
in vialation of the zoning and
building ordinance of the Vil-
lage. ,
Section 2. Obstructing Streets.
77�e Company shall exercise its
pricileges hereunder s�bjeM at
all times to the police power of
the Village and shall not un-
necessarily� or unreasonably oU-
struct the use of or injure any
street, avenue, or aliey, and shall,
upon thc compleflon of any con-
_�h-action or• repair, restore all
streets, avenues, and alleys oY
the municipality which shall be
opcned Uy it or its agents or
emp'oyces for the purpose of lay-
ing, placing, or mpairing its
aforesai,l gas mains or service
pipes to as nearly the same oeder
avd condition as they were he-
fore the e�cacation was made
as is reasonably possible, and
shall maintain, repair, and keep
in good coudition for a pex•io�
o: three (3) montl�s all portions
of said streets, avenucs, and
alleys distarbed by it or its
agents; provided that the three-
month period shall be computed
from the tune of the closing of
the excavation; 6ut in case of
frost 6efore the three-month
period has espired, the same
shall continue for the stated
period aftcr the frost leaves the
gcoi�nd. Any obstruction of any
strect, alley, park, bot�lrvard,
6ridge, or other p�blic place, or
any failurc Properly to fil] and
maintain a street after exeava-
non-discriminatory as between
communitics.
The Company shall have the
right to contract for the sale of
gas for industrial use on an in-
tion, after proper notice demand-
ing rcmoval or repair, as the
case may be, shall be taken care
of by the Village and the eost
thereof shall be ohaiged agaivst
the Company and may be de-
ducted from any payments due it
from the Vil]age.
Section 3. Plats. The Com-
pany, prior to the laying or re-
laying of any mains under this
franchise, sh�ll present to the
Council a complete plat showing
the location, sizc, and estimated
cost of all proposed mains. The
Company, before ]aying or mlay-
ing any mains, shall obtaiei ap-
pi�oval from the Council, or its
agent, in the excrcise of a rea-
sonable discretion by them. Fail-
ure af the Village to insist upon
this provision shall not Ue deem-
ed a w�aiver thereof.
Section 4. Damage Claims.
The Company shall ii�demnify,
kecp, and hold the Village free
and harmless from liability on
account of injury or damage to
p^rsoi�s or property growing out
of the construction, maintenanee,
repair, or operation of its prop-
erty, and in the event that suit
shall be brought against the Vil-
lagc, either independently or
jointly with the Company, on
accwnt thereof, the Company,
upon notice to it by the Village,
shall defend the Village in any
suit, at the cost of the Company;
and "ui the event of a final judg-
ment being obtained against the
Village, either independently or
jointly with the Company, the
Company shall pay such judg-
ment, w�ith all costs, and siiall
hold the Village harmless theTe-
from.
Section 5. Standards of Ser-
vice. The Company shall at all
times provide and furnish an ade-
quate, safe and continuous sup-
ply of gas to the village and its
inhabitants, subject however, to
the further provisions of this
section. The Company sells and
distributes straight nataral gas
throughout its entire gas dis-
tribution system, which is locat-
ed in the �City of Minneapolis,
1�finnesota, and in a number of
;uburban communities and in the
terx�itory adjacent to and near
tlie said city. The natural gas
distributed hy the Company is
furnished by the pipe line system
owned and operated by Northern
Natural Gas Company, a "natural
gas company," under the Feder-
al ?�atcral Gas Act, which sub-
jects caid Northern Natural Gas
Company to the jurisdiction of
the Fedcral Power Commission.
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The Company sha❑ not bc lia-
ble to the VIllage or iis inhabi-
ta�ts, nor shall the Village, or
zn}� inhabitant �vho is a customer
of tl�e Canpany, be liable to the
Company hereunder hy rnason of
the failuro of the Company to de-
liver, or of fhe Village or a
customc* to mceive, natural gas
as a resuit of acts of God, or
t2ie Public enemy, inability of
pfpe line supplier to turnish an
adeqoate supply cY1e to an emeo-
gency, an order or decis:on of a
public regulatory body, or other
acts beyond the control o[ the
party affected.
VVl�enever any of the occur-
rences named above take place,
the Company shall have Uic rigl�t
xnd autl�ority aud it shall be its
di�ty to adept reasonahlc rules
and regulations in connection
�a-ith limiting, curtailing or allo-
cating e�:tensiwis of scrvice or
supplying of gas to any customer
or prospective customer, and
withholding the scpplying of gas
to new clstomers, provided that
such rules and regululions shall
be uniform as applied to cach
class of customers, and shall 6e
terruptible basis, requiring the
customer to hacc siandby equip-
ment for use upon notice by the
Company. The Company's rules,
reg.:lations, schedules or mn-
tracts for curtailing interr�ptible
gas service shall he uniform as
applied to each class of interrup-
tible customers.
If service is suspended be-
cause of any of the reasons set
Iorth a6ove, occurring through
no fault or negligent act on the
part of the Company, such sus-
pension shall not be made the
basis of any aMion or procecd-
ing to terminate this franchise.
The quality of tlie gas sold in
the Villagc shall be the <ame
as that sold to the Company's
cu�stomers in the City of Min-
neapolis.
Ssction 6. Exteosion of Sen
vice. The Company agrees to
lay such of its mains and pipes
as come within its reqtirements
for euburban service as soan as
reasona6ly possible to do so. Tl�e
Council of the Village shall ha��e
the right to make such reason-
able r�Qcs and regu7ations as
map• be necessary to provide ade-
quate and proper sercice.
Section 7. Rates. The Com-
pany agrees for and in behalf of
i:self, its lessees, successors, and
assigns that all authority
znd rights in this ordinance
contained shall at all times
be subject to all right,
powcr, and authority now or
herea'ter possessed by said
Village or any other regulatory
tribunal hacing jurisdiction
thereocer to regulate, fiz, and
eontrol 7�st, reasonable, and
compcnsatory gas rates, except
as hereinafter limited. The Vi]-
lage remgnizes that the entire
suburban area adjacent ta and
ncar the City of ➢'finneapolis,
which inciudes The Village of
Fridlcy may be regarded 2s s
single zone for rate-making pur-
poses and agrees Uiat the Com-
pany has the right to insist upon
a uniform rate for all of its con-
sumers in said suburban area.
A11 rates charged under this
ordinance shall at all times be
fair, just and reasonahle.
Section 8. Accounting RepoHa.
The Company agrnes to file �vith
the Vi]]age Clerk, on or before
July 1 of each 3'ear, a copy of its
annual report to its seeurity
holders for the preceding calen-
dar year, together «-ith a halance
sheet and income statement of
the saburban division and a bal-
ance sheet and incrome statement
for the Village of Fridley on an
allocated basis .
Section 9. FoHeiture. If the
Company shall be in default in
the performance of any of the
materia] terms and conditions of
this ordinance and shall mntinue
in default for more than ninety
(90) days after receiving notice
from the Village of such de-
fault, the Village Council may,
by ordinance duly passed and
adopted, terminate all rights
granted onder this ordinance to
thc Company. The said notice
of default sha11 be in writing and
shall specify the provisions of
this ordinance in the performance
of which iC is claimed that Lhe
CompanY is in default. Such no-
tice shall be served in the man-
ner procided by tl�e laws ot the
State of Minnesota for the ser- �
vice of original notices in civil
actions. The reasonableness of
any ordinance so passed declar-
ing a forteiture of the rights and
pricileges granted hy this fran-
chise ordinance shall be subject
to review by the United States
District Ccart ;or the District
of Minnesota, Fourth Division.
Section 70. Non-Exclusive.
The rights and privileges hereby
granted are not exclusive, and
the Village expressly reserves
the right to grant rights and
privileges to other persons or
wrporaiions.
Section 77. Change of Govern-
ment. Any change of the form
of government of the Village into
a city or otherwise as authorized
by the State of Mi�nesota shall
not affecb the validity of this
franchise Any municipal corpor-
ation succeeding the Village
shall, without the consent of the
Company, succeed to all the
rights and ob7igations of the Vil-
lage provided 3n tUis Iranchise.
Section 12. Acceptanca. The
Company shall, within thirty
(30) days after the passage and
publication of this ordinance, file
ivith the Village Clerk its ac-
ceptance of the same in wriEing,
signed by its proper officers and
attested by its corporate seal.
Section 13. Effective Date.
This ordinance shall take effect
and be in �Force from and after
its passage and pvblication.
AdoptCd ihie 4t�i. �� of Aug-
Ust, :912.--. __
�, � : CARL F. �-FiARTMAN
� - Mayor
ATTE3T:
�'VARD��NOAI.ING ` _
Village �leFk �
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