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7/17/2007 9:03:57 AM
Creation date
4/22/2005 12:51:43 PM
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Roseville City Council
Document Type
Council Ordinances
Ordinance #
296
Ordinance Title
An ordinance granting Minnesota Water Company, Inc., a Minnesota Corporation, its successors and assigns, the power and privilege to lay, repair, own, operate, manage, and maintain pipes, conduits and materials necessary for distribution of water th
Ordinance Date Passed
5/24/1960
Ordinance Date Published
5/31/1960
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<br />- 3 - <br /> <br />SECTION 14. The Water Company shall hold the Village free and harmless from <br />all damages, costs s.nd bills that may arise by reason of the negligence, carelessness <br />or misconduct of such persons or agents or employees of the "l;:-ter Company in laying <br />digging, malntaining or operating said water works system. To effectuate the <br />provisions herein the Water CompaQY shall carry liability insurance in the amounts <br />of ;~lOO,OOO for injuries to anyone person and $200,000 for injuries to more than one pe' <br />person arising out of a single accident or occurrence and property damage <br />insurance in the amount of ~50,ooo a.T1d the grantees shall provide a bond to <br />the Village Council so as to prO'lTide that the grantees will repair, replace or <br />restore any of the Village Streets which it mi~ht damage or vmich it might be <br />necessary to dig into for the purpose of maintaining, repla~ing or repairing any <br />water pipes; and that said bond shall be in the amount of $15,000.00. <br /> <br />SECTION 15. 'I'he lr.Jater Company, its succes sors and assigns, shall accept said <br />franchise subject to the right of the Village of Rose'1rille to purchase the plant <br />and waterworks system of the ',-vater Company at any time by the Villaf'e of Roseville <br />paying the Company the reasonable value of the Company, said reasonable value to <br />be agreed on by the Village and the Company and if not agreed on, to be settled by <br />arbitration, the Village and the Company to each appoint one arbitrator and those <br />two to appoint a third. Nothing herein shall be construed as a relinquishment of <br />the rights of the Villacre Council of the Village of Roseville of its police pm-Ter <br />and its power to make all regulations which mi9ht be necessary to secure the safety, <br />welfare and accommodation of the public, nor its right of eminent domain, as <br />prOVided by statute. <br /> <br />SECTION 16. The right, permission, franchise and license granted herein shall <br />constitute an exclusive privilege for the purpose herein set forth and shall be <br />30 years in duration subject only to such limitations as is by law now or may <br />hereafter be provided; from the approval, passage and publication of this ordinance. <br /> <br />SECTI~N 17. The Water Company shall adjust the location of its pipe lines <br />and conduits wherever the same may interfere with any necessary public use or <br />imprO'lTement so that such adjustment and location will conform to and nermi t such <br />other use or improvement. <br /> <br />SECTION 18. The Water Company shall furnish sufficient and proper water <br />supply to its consumers; accidents or delays consistent with ordinary precaution <br />only excepted. <br /> <br />Should the water company fail to operate or maintain the water works system or <br />fail to furnish sufficient and proper water supply to its consumers, or breach or <br />violate the terms of this franchise, unavoidable accidents or delays consistent with or <br />ordinary precaution only excepted, the Company shall deliver and the Village of <br />Roseville may accept all of the Company's right, title, and interest in the water <br />works system without cost or liability to the Village of Roseville for the original <br />costs, expenses and connecting charge of the w~ter Company; provided, however, <br />that the Wetter Company shall not berequired to do so unless it has failed or <br />refused to correct and cure such failure, breach, or violation, after having <br />
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