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<br />, ORDINANCE NO. 262 ed, Company aha. have no d1Jty to Indemnify nor de-
<br />, lend. If Company is required to indemnily and defend, -
<br />AN ORDINANCE GRANTING TO NORTHERN it will thereaf19f have oompIete control of such Iitiga.
<br />~ POWER COIIPANY. A MINNESOTA CO... tion, but Company may not set!Ie such litigation wtthout
<br /> TION, ITS SUI'!('ESSORS AND ASSIGNS, PER- lhe conserrt of City, which consenl shall n01 be
<br /> TO ERECT A GAS DtSTFlEIUTlOH SYSTEM unreasonably wtthheld. This section is not, as to third
<br /> THE PURPOSE OF INSTAU.ING, ENLARGING, parties, a waiver or any defense or immunity otherwise
<br />OPERATING, REPAIRING AND MAINTAINING IN available to City; and Company, in defending My ac-
<br />THE CITY OF ARDEN HILLS, MINNESOTA, THE tlon on bel\alf of City shall be entitled to assert in any
<br />=:SA.RY GAS PIPES, MAINS AND AP. action every defense or immunity that City could assert
<br /> NANCES FOR THE TRANSMISSION OR In its own behalf.
<br />DJSTRlBUTION OF GAS TO SAID aTY AND ITS IN. SECTION 7. Vacation of Pubhc We)'s
<br />ItABITANTS AND OTHERS AND TRANSMlmNG The City shall give the Company at 19881 two weeks
<br />l3l\s INTO AND THROUl3H SAID CITY AND TO USE prior written notice of 8 proposed vacation of a public
<br />nfE PUBLIC WAYS AND PUBUC GROUNDS OF way. Except where required solely for a City improve-
<br />~D CITY FOR SUCH PURPOSE. menl project, the vacation of any public way. after the
<br />~ THE CITY COUNCIL OF THE CITY OF ARDEN in~lation of gas facilities. shall not operate to deprive
<br /> LLS, RAMSEY COUNTY, MINNESOTA. DOES Company of Its rights to operate arld maintain such gas
<br /> OAtN: facilities. until the reasonable cos1 of relocating the
<br />'SECTION 1. Dennttlon. same and the loss and elCpense resulting from such
<br />'Subd. 1. In 1hls Ordinance "City" means the City of relocation are first paid to Company. In no case,
<br />Atden Hils, County of Ramsey. State of Minnesota. however, shall City be liable to the Company /or failure
<br />~ Bubd, 2. "City Utility System" refers 10 the facilities to specifically presel'V8 a rlght-of.way, under Minnesota
<br />~ lor Providing any public utility service owned or Statutes. Section. 160.29
<br />opernd by City Of agency thereof, including sewer and SECTION 8. Wrftten Acceptflnce
<br />water8ef'Vice. Company shall, if it accepts this Ordinance and the
<br />'Subd. 3. "Company" means Northern States Power rights and obligations hereby granted. file a written ac-
<br />qompany, a Minnesota corporation, Its successors and ceptance of the rights hereby granted with the City
<br />apigns. Clerk within ninety (90) days after the final passage and
<br />;SUbd. 4. "Gas" as used herein shall be held 10 i.... any required publication of this Ordinance,
<br />cILlde natural gas, manufactufed gas, or other form of SECTION 9. Provisions of Ordln.nee
<br />g4seous energy. Subd, 1, Every section, provision, or part oflhis or-
<br />'Bubd. 5. "Notice" means a wrttlng served by any dlnana, is declared separate from every other section,
<br />:trty or parties on any other party or parties. NotIoe provision, or part; and If any section. provlsioo, or part
<br /> Company shall be mailed to the VICe President, Gas shall be held Invalid, It shall not aMeet any other 5ec-
<br />UtDIty, thereof at 825 Rice Street, St. Paul, Minnesota tion, provision, or part. Where a prOVision of any other
<br />5$117. Notice 10 city Shall be mailed to the CITY city ordinance conflicts wilh tile provisions of this or-
<br />ctEAK. dinance, the provisions of this ordinance shall prevail.
<br />iSubd. 8. "Public grounds" means city parks and Subd. 2. tI either party (City or Company) asserts that
<br />~ares as welt as land held by the City for the pur- the other party is: In default in performance of any
<br /> of open space. obligation hereunder, the complaining party shaN notify
<br />,Subd, 7. "Public ways" means streets, avenlJes, tha other party of the default and the desired remedy.
<br />alleys, parkways, walkways, and other public rights of The notification shall be written, If the dispute is not
<br />wsy within Ihe City, resolved within 30days of the written notice, either party
<br />'SECTION 2. Gnmt of Franchise may commence an action in District Court to inlerpret
<br />:Cityhereby grants Company, lor a period of 20 years and enforce this franchise or far such other relief as
<br />fI;Im the data hereof, the right and privilege of eree- may be permitted by law or equity lor breach of con-
<br />ti~ a gas distribution S)'slem and using the public ways lract, or either party may take any other action permit. .
<br />and public grounds of City for the purpose of Install- led by law.
<br />ing, operating, repairing, and maintainirtg, In, on, OYer, Subel. 3. This ordinance constitutes a franchise
<br />under, and across !he same, all gas pipes, mains, and agreement between the City and the Company as the
<br />=rtenances, usually, conveniently, or necessarily only parties and no provision of this franchise shan be
<br />u In connection therewith, for the purpose of the in any way inure to the benefit of any third person (in-
<br />transmission-of gas, or the distribution of gas, lor public eluding the public at large) so as to constitute any such
<br />and private use within and through lhe limits of City person as a third party beneficiary of lhe agreement
<br />11$ its boundaries exis1 or as they may be extended in or of anyone or more of the terms hereof. or otherwise
<br />tlKt future. Company may also do au reasonable things give rise to any cause of action in any persOIl not a party
<br />~ or customary 10 accomplish these PUrposes hereto.
<br />sitt:lject, however, to lhe further provisions of this SECTION 10. Publication Expense
<br />trandtlse. The expense of any publication of this franchise Or.
<br /> SECTION 3. Re$trietlons ,dinance required by law shall be Paid by Company
<br /> tElf.Jbd- 1. All gas pipes, mains, regulators, and other SECTION 11. Effective Date
<br />property and lacilities shaD be so located, constructed, This Ordinance is effectiVe as provided by statule or
<br />installed, and malmalned as I10l 10 endanger or un- charter, and upon acceptance by Company as provid-
<br />necessarily interfere with the usual and customary ed in Section 8.
<br />tracie, traffic, travel upon, and use of pubUc ways of City. Passed and approved: September 25, 1989
<br />In installing, repairing, and maintaining, removing, or Thomas R. Sather
<br />replacing said gas pipes, mains, and appurtenances, Mayor
<br />Company shall, in all cases, place lhe publiC ways, In, Attest:
<br />OQ.under, or across which the same 8relocated in as Gary R. Berger
<br />good condition as Ihey were prior to said operation. City Clerk
<br /> Sbbd, 2. Company shall no1 construct any- new or (Bulletin: Oct. 4. 1989)
<br />modified Installations within or upon any public grounds ,
<br />without receiVing II\e prior written consent of an
<br />authorized representative of City for each such new I
<br />installation. "
<br /> SUbd. 3, Company shall provide field locations for '1
<br />all ita underground facilities when"fElqueSfed by City -
<br />witllln a reasonable period of time. The period of time ,
<br />will be Considered reasonable if it compares favorably
<br />with the average time required by the Cities in the ,
<br />COl,mty 10 locate municipal underground facilities for -
<br />Company. ("Counly" refers 10 the County in which Ci.
<br />ty is located).
<br /> aubd. 4_ Before Company constructs any new struc-
<br />ture or converts any existing structure for the manufac_
<br />ture or storage of gas, Company shall firsl obtain the
<br />approval ofttte structure and the locallon thereof from .
<br />City. Such approval by the CIly shall not be ,
<br />unreasonably wflhheld. ,
<br /> SECTION 4. Servloe, Rates. a
<br /> The service to be provided and the rates to be charg-
<br />ed by Company for gas distribution or transmission ser-
<br />YIee In City are subject to ltIe jurisdiction of the PlIbtlc
<br />Utilities Commission of this State or its Successor , .
<br />agency.
<br /> SECTION 5. Relocetlng
<br /> Subd. 1. Whenever City shall grade, -regrade, or
<br />cl1ange lhe line 01 any public way, or conSfnJ(:t or
<br />reconstruct any CIly utility system therein and shal', in
<br />the proper 8.lCercise of its police power, and with due
<br />regard to seasonable working conditions, when
<br />necessary. and after approval of its final plans have
<br />h....._ ~h.~;~...... ~....... ,....~~ft...~.. ..... ."'~"'''' nn_"~ftn""
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