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CITY OF ELK RIVER ORDINANCE NO. 78-3
FRANCHISE FOR NATURAL GAS
AN ORDINANCE GRANTING UNTO NORTH CENTRAL PUBLIC SERVICE CO., DIVISION
OF DONOVAN COMPANIES, INC., OF ST. PAUL, MINNESOTA, AN IOWA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, THE FRANCHISE AND RIGHT FOR A PERIOD OF TWENTY-FIVE (25)
YEARS TO ERECT, CONSTRUCT, RECONSTRUCT, MAINTAIN, AND OPERATE A GAS DISTRIBUTING
SYSTEM FOR THE DISTRIBUTION OF GAS IN THE CITY OF ELK RIVER, MINNESOTA, CONSISTING
OF ALL SUCH EQUIPME}.'!'f, MACHINERY, PIPES, FIXTURES, TANKS, AND OTHER APPURTENANCES
AS MAY BE NECESSARY OR USEFUL FOR SUCH DISTRIBUTING SYSTEM, AND TO USE AND OCCUpy
TiE STREETS, AVE}'~S, ALLEYS, BRIDGES, A}'~ OTHER PUBLIC PLACES OF SAID CITY WITH
GAS }L~INS, PIPZS, PIPELINE CO},~UITS AND OTHER NECESSARY OR USEFUL APPLIANCES OR
EQUIP}~1IT FOR L~E SALE A}.~IOR DISTRIBL'T'fION OF SUCH GAS IN A}.~ TO SAID CITY A}.~ TO
THE I~~ITP~'T'fS THEREOF, AND OTHERS, AND TO SELL, TRANSMIT AND DISTRIBUTE SUCH GAS
TO SUCH CITY AND ITS INHABITANTS, OR OTHERS, WITHIN OR WITHOUT THE CORPORATE LIMITS
OF SAID CITY FOR LIGHT, HEAT, POWER, FUEL, COOKING AND FOR ALL OTHER PURPOSES, Ah~
PRESCRIBING TI~~ TERMS AND CONDITIONS OF THE GRANT AND THE PENALTY FOR THE VIOLATION
OF SAME, AND RLPL~LING ALL ORDINANCES IN CONFLICT THERB~ITH.
WHE~r~s, North Central Public Setvice Co., Division of Donovan Companies,
Inc., of St. Paul, Minnesota, has requested a Franchise for the distribution of
gas in the City of Elk River, Minnesota, and
WHERFAS, It is deemed to be to the best interest of the City of Elk River,
Minnesota, that North Central Pub~ic Service Co., Division of Donovan Companies,
Inc., St. Paul, Minnesota, be granted a Franchise therefor.
NOW THEREFORE, Be it ordained by the City Council of the City of Elk
River, Minnesota:
SECTION I
That the City of Elk River, Minnesota, hereby grants unto North Central
Public Service Co., Division of Donovan Companies, Inc., of St. Paul, Minnesota,
a Minnesota corporation, its successors and assigns, a non-exclusive Right and
Franchise for a period of twenty-five (25) years from and after the date of the
passage, approval and publication of this Ordinance, to erect, construct, reconstruct,
maintain, and operate within said City a gas distributing system, together with all
appurtenances, pipes, machinery, tanks and appliances necessary or useful thereto,
for the distribution of gas for the purpose of selling, distributing and supplying
gas to said City and the inhabitants thereof, and others, together with the Right
and Franchise to use and occupy the streets, avenues, alleys, bridges and other public
places of said City, as now laid out and hereafter extended, with its gas mains,
pipes, pipelines, distributing lines, conduits and other appliances and appurtenances
necessary of useful for the purpose of maintain and operating such gas distributing
system within said City, and the Right and Franchise of selling, distributing and
supplying said City and inhabitants thereof, and others, within and without the
corporate limits of said City, with such gas for light, heat, fuel, power, cooking,
ana other purposes, subject to the terms and conditions of this Ordinance, as herein
set forth, ana replealing all ordinances in.conflict therewith.
SECTION II
Grantee shall construct, maintain and operate or otherwise provide a
modern and adquate gas distributing system for the furnishing, sale and/or distribu-
tion of gas in said City, and said system shall have adequate capacity to furnish
the reasonable requirements of said City and its inhabitants with gas, and Grantee
shall, from time to time, make such reasonable additions and extensions as may be
required to furnish adequate service within said City.
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.._,
SECTION III
In order to affect the rights granted hereunder, the Grantee is authorized
to make all necessary excavations in the streets, avenues, alleys and other lanes
and public places of said City, but the same shall be done with the least possible
interference with or inconvenience to the public, individuals, or public property;
and the Grantee shall, in all cases, restore all streets, alleys and public places,
and all pavements and excavations to their original condition; and, in laying mains
and pipes, the Grantee shall conform to all reasonable regulations prescribed by the
City to prevent injury to the pavement, streets, avenues, alleys and public places,
and Grantee shall not unnecessarily interfere with, injure or change allY pavement,
water pipes, drains or sewers of said City, either public or private without written
consent of the owner thereof.
SECTION IV
The grants herein contained are upon the express condition that the Grantee
shall be liable for all damages caused by the negligence or mismanagement of Grantee,
its agents or employees, in the construction and maintenance of said gas distributing
system, and it shall protect said City from any and all liability therefrom.
SECTION Y
Grantee agrees to furnish and supply to t he City and its inhabitants an
adequate supply of gas as long as available under suc1~ pressure and conditions as
may be reasonably required under such rules and regulations as may be established
by Grantee, and the Minnesota Publi~c Service Corrnnission or such other regulatory
body as may hereinafter be established under the laws of the State of Minnesota
and given jurisdiction thereof.
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~,
SECTION VI
The rates to be charged by the Grantee for gas or gas service hereunder,
and the standard of service, shall be such as may be fixed from time to time by
the Grantee and the Minesota Public Service Commission, or such other rate making
body as may hereinafter be established under the laws of the State of Minnesota
and given jurisdiction thereof.
SECTION VII
That all the provisions of this Ordinance shall apply to the successors
or,assigns of the Grantee with the same force and effect as they do the Grantee
itself.
SECTION VIII
That the G~antee, in addition to saving the City harmless from any and
all claims which may be made against the City by reason of, or on account of, the
construction, maintenance, or operation of the plant, distributing systems, and other
construction erected and maintain under and by virtue of this Franchise, shall defend
any suit brought against the City on account thereof at its sole cost and expense,
and should any jud~ent be rendered against the City as a result of said suit or
suits, the Grantee hereby agrees to pay said judgment, and the record of the judgment
against said City in such suit shall be conclusive evidence to entitle said City
to recover the amount thereof from said Grantee.
SECTION IX
That if the Grantee fails~to perform any of the conditions, requirements,
duties, or obligations herein provided to be performed by said Grantee, the City
may cause to be served upon the Grantee a written notice in the manner provided for
serving original notices in civil action, which notice shall specify the particular
conditions, duties, 0bligations, or requirements which it is claimed the Grantee
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has failed to perform, and if the Grantee shall not perform such conditions, require-
.,
ments, duties or obligations specified in said notice within thirty (30) days after
the date of the service of said notice, upon a proper showing made by the City before
a court of competent juridiction, the court, at its discretion, may order or refuse
to order the performance of such requirements, or may declare a forfeiture of all
rights of the Grantee.
SECT ION X
That all ordinances, or parts of ordinances, insofar as they are in direct
conflict herewith, are hereby repealed.
SECTION XI
This Ordinance shall take effect and be in full force immediately upon its
passage and approval by the City Council and its publication as provided by law;
provided, that the Grantee, within thirty (30) days from the date of said approval
authorizing said Franchise, shall file with the City Clerk its written acceptance
thereof.
SECTION XII
Whene'1er the term "Grantee" is used herein, it shall be taken to mean
and include North Central Public Service Co., Division of Donovan Companies, Inc.,
of St. Paul, Minnesota, and its successors and assigns.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Elk River,
Minnesota, on the
3rd
day of
April, 1978
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c;J~Jtj~:: ~
Cle~' / /
Mayor
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PUBLIC NOTICE 0`u f�
AFFIDAVIT OF PUBLICATION
State of Minnesota a.
sa.
County of Sherburne
Charles F. Dare, being duly sworn on oath says he is and during all the times
herein stated has been the publisher and printer of the newspaper known as
Sherburne County Star News and has full knowledge of the facts herein stated as
follows: (1) Said newspaper is printed in the English language in newspaper
format and in column and sheet form equivalent in printed space to at least 900
square inches. (2) Said newspaper is a weekly and is distributed at least once
each week. (3) Said newspaper has 50% of its news columns devoted to news of
local interest to the community which it purports to serve and does not wholly
duplicate any other publication and is net made up entirely of patents, plate
matter and advertisements. (4) Said newspaper is circulated in and near the
municipality which it purports to serve, has at least 500 copies regularly
delivered to paying subscribers, has an average of of least 75% of its total
circulation currently paid or no more than three months in arrears and has entry
as second-class matter in its local post -office. (5) Said newspaper purports to
serve the City of Elk River in the County of Sherburne and it has its known office
of issue in the City of Elk River in said county, established and open during its
regular business hours for the gathering of news, sale of advertisements and sale
of subscriptions and maintained by the publisher of said newspaper or persons in
his employ and subject to his direction and control during all such regular
business hours and devoted exclusively during such regular business hours to the
business of the newspaper and business related thereto. (6) Said newspaper files
a copy of each issue immediately with the State Historical Society. (7) Said
newspaper is made available at single or subscription prices to any person,
corporation, partnership or other unincorporated association requesting the
newspaper and making the applicable payment. (8) Said newspaper has complied
with all the foregoing conditions for at least one year preceding the day or dates
of publication mentioned below. (9) Said newspaper has filed with the Secretary
of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an,
affidavit in the form prescribed by the Secretary of State and signed by the
publisher of said newspaper and sworn to before a notary public stating that the
newspaper is a legal newspaper. O i
He further states on oath that the printed
::Do, -76-3
hereto attached as part hereof was cut from the columns of said newspaper,
and was printed and published therein in the English language, once each week
for successive weeks; thoat it was first--I
published on Thursday,
the day of - %u^ 19 1 U and was thereafter
printed and published every Thursday to and including the
day of 19 and that the following is a
printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby
acknowledged as being the size and kind of type used in the composition and
publication of said notice, to wit:
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Subscribed and sworn to before me this c:20 day of
t91JL
Notar sota
MARLYCE MARQUART
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