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Ordinance No. 0043 08-04-1952• � � . 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. � . � � � 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 � ��a�.�il�� ,`� y \ r/