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Home My WebLink About#010 Natural Gas Ordinance STATE OF LIINNESOTA CUUNTY OF RAMSES.Z VTLLAGE OF ARDEN Fi,ILLS ORDIN,EINCE NLTMBER 10 APT ORD INANCE GRANT ING PIRMIS SIO N 7.'O NOP THER N S TATES Pa qr!ER COMPANYs A M INNESQTA CaRPORAT ION, ITS SUCCESSORS AND ASS IGNS~ TO TJSE THE ~ STREETS, ALLEYus AND PUBLIC GROUNLaS OF SAID STILLAGE FQR THE PURP6SE OF INS TlaLL ING 9 EELARG INCT' Q PERAT ING a RE P AIR IIVG ~ AND MA IN'I'AIN ING IPt THE ViLLAGE OF ARDE1V HILLS9 MI1!1NESOTA9 THE NECESSARY GAS 'PiPES9 MAINS, AND APPURTENANCES FOR THE FCTRN2SHING OF GAS TO SAID 'VILLAGE AND IT5 INHABITANTS, AI41) OTHL;;RS, AITD TRANSMSTTING GAS INTC3 AND ~ THR4UGH SA2D VILLAGE. , THE V ILLAGE C QUNG IL OF ARDEN H ILLS DQ ORDAIN AS FQ LIAW S t SECTION le That there be and hereby is granted to IVorthern 5tates awer ompanyg aMinnesota corporation9 it,g successors an,d assigns, hereinafter referred to as "Company" e during the period of twenty (20) years from the date hereof,, the right arid pr3vilege of-using the etreetss alleysa and public`grounds of'said Village for the purpose of installing, enlargingD mperatingg -repairing9 and maintaining, in, on9 underg and across the same, all gas pipes, mains, and appurtenances, uauallyg convenientlya or necessarily used in conneetion therewith, f'or the purpose 'of f'urnishing gas for public and nrivate nse in and to gaid Village a.nd the in.habi- tant$ thereaf, and otYiers, -an.d .for the purpose of tranamitting gas into and through said V3.llages, prov3ded that sa.ch gag pipes, mains, and appurtenances shall be so located as in na way to intarfere with the sa.fety and convenience of ordinary travel along anclover said streets and alleys fl and provided that Companyg in the installation, enlargement q ope rat ion s, raepairfl mairite nance 0 and re - rncival of such gas pipes, mains~, and appurtenancess sha11 be subject ' to such reasonabI.e regulation as may be imposed by the Village Cvuncil. SECTION 2. In tYe.event it shall becoms necessary during the term o s Fd.inance Q in the furtherance of any public improve- ment requiring the relocation of said gas pipese mainsQ and appur- tenances located ins on, uMder^9 and across any of said streets9 alleys, or publie graunds $ Company sha7.1 rela cate the same without co st t,o t,he ViZlage a However., the vacation af any streets alleyg or publie ground~ after the installation of° such gas pipes,, mainss and appurtences therein, shall not operate to depriee Company of the right ta operate and maintain such gas pipes, mainsa and appurtenances, unless the r°easonable cost of° rel.ocating the same axad the 1.oss and. expense resulting from such relocatian is first paid to Company9 SECTI(IN In erectingp insta].linga enla.rag3rg9 repairing, mainta n.nge Fosing9 remwving9 0r replacing said gas pipesfl maines8 and appu.rtenance s s Comp any slaall q in all case s g place the streets, alleys, or public grounds, inQ onfl undera or aeross which the same • are loeated, in asgooci condit,ion as they were prior to said operam tiony and Company shall defend, idemnify,, and save harniless the Village against any and alI elaims for i.njury or damage ta persons or praper'r.y occasiarie d by or arising out of such operations o ~ SEGTIE3N 4. Company shall supply natural gas which shall have an average gross heatirg val-ae of 1,9000 Btu per standarad cubic f'oo-t. Campany agree s that $ if during any mvnthly period the arithmetie average of hourl.y gross heating valu.es of the gas st;tpplied hereunder shall be less than 950 Btu per standar*d cubic f'oot, then for billin~ purposes the eonsunption of gas as meas- ured by the customers reters ftring such period shall be decreased . W Ordinance Nurnber 10 (continued) P age #2 Section 4 (contirna.ed)4 3n proportion to the decre ase in the a'verage gro ss he ating value beZow 950 Btu per standard cubic fovte During the term of this E3rdinance, natural gas shall be supplied to the Village of A-rden Hills, and its inhabitants, in accordance with the town border ~ eontract uiuler which Company purchases the natural gas to be suppTieci hereunder; provided t,hat Company shall not be deemed to be in default under i.ts franchise for inability to supply natural gas fc?r any causes beyond its ' control$ or if prevented by compe- tent legai au.thority frpm so doinge During the life af this (3rd3.- • nance 9 the V311age Coa.nci.ls and Compar.a.y9 may anutually agree to cYi.ange the heating value of the gas ta be f.irnished and in sueh even.f, tYie rates to be eharged therefor sha11 be proportionately revisede SECTION 5. The rates to be charged by Gompany for gas sold w n s d Village throughout the term hereof shall at all times be reasonable~ faire and nondiseriminatory to the Village and, the inhabitmnts thereof and to Company. SEC'I'ZdN 64 The Company shall have the right and authority to prescrIFie-and enf'orce sueh reasonable ru].es and regulations governing the supply and sale of gas serviee and the general eon- duet of its businessg ar advisabie, for tMe proteetion of the publie and the 'proper erj.joyment of the rights and privileges herein grarltedp SECTIaN 7. Th.is Ordinance sha11 not be canstrta.ed to grant any exe us ve right, priv3lege, or franchise tn the Comp any, ncr shall rules vr regu.lations established by the Cornpany have the €orce or effeet o f an ordinanee o SECTION 8a Company shallp if it aceepts this Ordinance and the rgfiT s zere y granted, file awritten aceeptance of the rights hereby granted with the Village Clerk within ninety (90) days f°rom the date of the publication of this Qrdinance, SECTi(1N 9, This Ordinance shall be in full f'orce and effeet frnm and a er its passage and publ.icatione as provided by lmwo PASSEI? BY THE VILLAGE COUNC IL THIS 27TH DAY OF JUNE s 1955 e /s/ Rpbcrt 0. Ashbaeh Ro'er't'0. As ac s ayo r o The Village vf Arden Hil7.s Atte st a /sl LQrra3.ne E. Stromquist ~ Lorraine E o romquis .9 C er of The Village vf Arden H3.I.ls Publi shed July 7, 1955 ~ STATE QF TAIINNESOTA COUNTY OF RAMSEY VILLAGE C3F ARDEN H,ILLS ORD INANCE N'UMBER lb AN ORD TNANCTJ' GRANT ING Pa? MIS S TO N TO A1 OP TH-MN STl1TES PO-s,tER COMPANY, A MTNNESf2TA CORPORATIOAT, IT5 SUCCESSQRS ~'~ND ASSIGNSp TO USE THE STREETS, ALLEYSe AND PUBLIC GROUNDS OF SAID VILLAGE F(?R THE PURPOSE OF INS`I'.ATrLING, EIvLARGINCT, OPERATING, R:CPAiftING, AND MAINTAINING IN THE V3LLAGE OF ARDEN HILLS, 1VIINNE50TAa THE NECESSARY GAS PIPES, ~ MAINS, AND APPURTENANCE5 FOR THE FURISTISHING 4F GAS T0 SAID ~VILLAGE AND ITS TNHAB iTANTS , AND OTHERS ,AND TR L1IjTSMITT ING GAS ° IN'T'0 AND • THROUGH SAID VILLAGE . THE VILLAGE CQUNC IL OF ARDEN HILLS D(7 ORDAiN AS FOL3AWS: SECTI4:N le That there be and hereby is granted to Northern 5tates Fower Cb'mpany, aM3.nnesota eorporationg its successors and assigns, hereinafter referred to as `rCompany"e during the period of twenty (20) years from the date hereof°, the right and privilege of- uging the streets e a11ey s 9 and public ' grounds of 'said VilTage for the purpose of installing, enlargirgD operatings -repairing9 and maintaining, in, on, underg and across the same, all gas pipes, mains, and appurtenan.ces~ usuaily, convenientlyg ar necessariiy used in connection therewith, for the purpose of f'tarnishing gas f or publiG and Drivat,e use in and to said Vi11age and the inhabi- tants thereof, and others, -and for the pur^pose of transmitting gas into and through said Villages provided that such gas pipes, ma.ins, and appurtenances shall be so loeated as in nn way ta 3.nterfere with the safety and convenience of ordinary travel along and.4ver said streets and alleyss and provided that Company, in the installation, enlargementa ope rationa repairp maintenance fl and re- moval of such gas pipes, mains g and appurtenance s, shall be sub ject to sueh reasanable regulatian as may be imposed by the Village Gauncil4 SECTIaN 2. In the event it sha11 becoam necessary during the terna o sndinance q in the fzrtherance of any pia.blic improve - mnt requiring the relocation of said gas pipes8 mainsfl and appur- tenances Ioeated in~ on, underg and acrass any of said streetss alleys, or public graunds, Company shall relo cate the same without co st ta the Village a However ~ the vact tivn of any street, a11ey~ or publi c ground, af'ter the installation of such gas pipe s s mains,, and appurtenees therein, sha11 not operate to deprive Company of the right to operate and maintain such gas pipes9 rnainsg and appurtenances, unless the reasonable cost of relocating the same and the loss and-expense resulting fram such reloeation is first paid to Company9 SEGTION 3e In erecting9 installinga e;nl.argingg r0epairing, mainta n.ng, ~no~ring, removingg or repl.acing said gas pipes9 maines, an.d appurtenance s, Gomp any shall g in all case s, pl.ace the streets, ~ a1.leys, or public grounds8 3.n$ on,, under9 or aervss which the sams are Ioeated, in asgvod eondition as they were prior to said apera- tion, and Company shall defendR idemnify9 and save harmless the Village against any and a7.1 claims for injur*y or d.amage to persons , or property oceasiored by or arising out of such operations. SEGTIC3N 4e Company shall su.pply natural ga~ which shall have an average gross heating aalue of 1 flC300 Btu per standar^d cubic faat°e Company agrees that $ if during an.y rrionthly period the ari,thmetic average of hQUrly gross heating values of the gas stzpplied hereunder shall be less than 954 Btu per standard eubze fflot, then for billin~ purpnses the consumption of gas as m.eas- ured by the customers meters during such period shall be decreased Ordinanee Nwmber 10 (contirnzed) 0 P age #2 Section 4 (eontirnaed) e in proportion to the decrease in the average gross heating value below 950 Btu per standard cubic foot* T)uring the terEn of this Ordinance, natural ,gas shall be supplied to the Village oP Arden H3.Ils, arid its . inhabitants $ in aec ordance vcrith the town border eontract under whieh Compan.y purchases the natural gas to be supplied hereunder; provided that Gompany shall not be deemed to be in defau.lt u.nder its franchise f°or inability to supply natural gas for'any causes beyond its ' control, or if prevented by compe- + tent legai authority fr~m so doing. During the life of this fTrdi- • nanee, the Village Ccna.ncila and Cor[tpanyg rnay mutually agree to cYiange the heating value of the gas to be flzrnished and in such event tYie rates to be charged therefor shall be proportionately resised4 SECTIDN 5a The rates to be eharged by Company for gas sold w n sa~.''d Village throughout the term hereof shall at a1.1 time s be re asana:ble , f air aa3d nondiscriminatory ta the Village and the inhabitants thereof and to Company. SECTIQN 60 '3''he Company shall have the right and authority to prescr e and enforce such reasonab].e ru1.e s and regulations governing the supply and sale of gas service and the general ean- duct of its business, or advi.sable, for the proteetion of the publie and the 'Woper enjoyrwnt of the rights and privileges herein grantedo SECTIf3N 7. This Ordinance shall not, be construed to grant any exc-~Iusi-'ve right, priviiege, or fra.riehise tn the eornp any, ner shall rules or regalation$ established by the CompaMy have the faree vr effeet a f an ord3nance. SECTT6N 8o Company sha11, if it aceepts this 4rdinance and the righ s zerp ygranted, file awritten acceptanee of the rights hereby granted with the Village CZerk with3.n ninety (90) days f°rom the date of the publication of this Ordinance. SECTi4N 9* This Ordinance shall be in fu11 force and effect from and a'er i.ts passage and publicationa as provi.ded by law, PASSED BY TIiE VILLAGE COUNCIL THIS 27TH DAY OF JU1VE, 19550 /s/ Robert 0. Ashbach Rober~0. As ac , ayor o The V'i.Ilage of rrden H3..7.1s Attest : /s/ Lorraine E4 Stromquist ~ Larra Me E e romquis C er of The Village of Arden Hi11s Published July 7, 1955