HomeMy WebLinkAboutOrdinance - 16 - Granting Minneapolis Gas Company Right to Use Gas - 05/10/1960 5:04VU OF EDZY PRAIRIE
ORDINANCE NO i
AN 0ADIWkSCE GFJkW1S0 TO MINNEAP LIS GAF
CC44PAHY, ITS SUCCESSORS AND T;ur
hI XfX TO NA, UFACS-URE, SELL AND/OR 1:I�TFc2l3tP�"�
GAS FOR IL LUM. UNTING, IMATING AND E;THXR PUR_
Pam;: IN HE TOWN OF ]MEN PP.AIRIP, tIENNEPIN
COUNrY, l+tlb3WZ.`=A, AND TO U >L "BHP ROALZ:;,
1'11`' WT!�, A'ENiJ S AM ALLEY THERE tom FOR THAT
PURPOSE .
WHEREA-S, the Minneapolis Gana Geary desires tee extend eras
service to serves certain areas in the Town of Eden Prairie: and
`94ZX%EAS, it is adVisablea, before the company extends
` services to said areas, t4 have the permission of the Town Board of
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{' Eden Prairie to lay the mains, service pipes and other ap
purte-
nances i nance;s necessary to provide such service in the streets, highways
and roads included within the boundaries of the said town, and
that the '.down Board adopt an ordinance. relative thereto;
NQui, '-"HVREFCRE, the Town Board of the Town of Edon Prairie
does ordain as followss
>ect:ion 1. GRAWr OF AttrHOPITY. There to hereby granted.
to Minneapolis Gas Company, hereinafter called the "Ccwpany, " its
successors and assigns, for a period of t 120) years after
the adoption hereof the right to manufact port, transport,
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sell and cUstribu'tee gas for hoati.ng, ill in9 and other pur-
poses within the limits of this Town,, heareiaafter called the
"Town, " as the sauce now exist or as they may be extended in they
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future, and for that purpose to establish they necessary facilities 4
and equipment, and to maintain a manufacturin
9 Plant, gas mains,
service piT?ea, and any other appurtenancea necessary to the
manufacture, sale and distribution of roads,as in and along theroads,9 S�
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streets, alleys, avenues and other public places of said s>ts mic-
ipality, and to do all things which are reasonable, necesvary or
customary In the accomplisthmeant of this objectives subject,
however, to the further provisions of this ordinance . Provided,
however, that before the said Cccapeny shall erect, establish and/o
operate any plant in said crown for the manufacture of gas the
approval of the Town Board of the location thereof, in the exer-
case of a reasonable discretion by said Board, shall first be ob-
tained by the said Companyt but no such plant shall be constructed
or operated in violation of the zoning and building ordinances of
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the Town and permits shall be first obtained as may be required
thereby.
Section 2. 09&rRUCTIM .3MEETS. The Gcepany shall exer-
o:iser Its privileges hereunder subject at all times to the police
power of the `town and shall not unn*coaxarily or unreasonably
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obstruct the use of or injure any road, street, avenue or alley,
and, upon the completion of any construction or repair, all
roads, streets, avenues and allesyr of the municipality which shall
have been opened by the Company or its agents or employees for
the purpose of laying, placing or repairing its aforesaid gas
mains or service pipes shall be restored to as nearly the same
order and condition as they were before the excavation was maces
as is reasonably possible, and shall waintatn, repair and keep in
good condItiorn for a period of three (3) moths all portions of s,
said roads, sstre etss# avenues and alloys disturbed by it or its
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agents. provided, hawover, that the throe-iment-.h period shall bo
coos tee the excavation best in
pu from they time of the closing of t
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case of frosU before the three-month period has expires', the same
shall ceaasstinue for the time stated after the front leaves the
ground. Any obstruction of any road, street, alley. park, boule-
vard, bridge or other public place, or any failure properly to
fill and maintain a street after excavation, after p'r'op#er notice
d+emandiang removal or repair, as the came May kw, shall be taken
cared of by the Town and the cost thereof shall be charged against
f the Company and paid by it, or may be deducted from any payments
due the Company f ruo the Town.,
.�eection 3. MATS - The CcsBpany, prior to the laying or
relaying of any mains under this ordiruunce, shall presaaseent to the
,:Down Board a ocimpleerte plat showing the location, size and estimated
coot of all propoeeed aasainse . The company, before laying or relay-
jug any mains* shall obtain approval from the Town Board, in the
exercise of ai reasonable discretion by it, &nd shall apply for
and procures amy permits required by the sewing and building
regulation of said Town then in effect. Failure of the Tcmn to
insist upon this provi,810n shall not be did a waiver thereof.
section 4. DAMAM CYAIMS . The Company shall indemfsify,
keep and bold the Town free and harmless from liability on
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account of an injury or damage to pere OVA or properrty growing 0 It
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of the Construction, maintenance, repair oY Pre :dt`aicft of its
property, and in the event that suit shall be brought against the
Town, either indeeependontiy or jointly with the Cc aepany, on account
thereof, -the Company, upon notice to it by the town, shall defer id
the Town is any uuit, at the cost of the cowpany, MMA IS the ovdat
of a final judgment 'being obtain" ag"nst the Tc ws v elth* r in-
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dependently or jointly with the company, the Company shall pay
such judgment, with all costs, and shall hold the Town harmless
therefrom,
3ectlon 5 . STANDA.RM' OF SERVICE . the company shall at all
times provide and furnish an adequate, safe and continuous supply
of gays to the Town and its inhabitants, subject, however, to the
further provisions of this section. The Company sells and
distributes straight natural gas throughout its entire gas
distribution system, which is located in the City of Minndapolis,
Minnesota, and in a number of suburban ccmunities and in the
territory adjacent to and near the said city. The natural gas
distributed by the Company is furnished by the pipe lime system
owned and operated by Northern Natural Gas Company, a "natural gas
company, " under the Federal Natural Gas Act, which subjects said
Northern 1,ia►tural One Company to the jurisdiction of the Federal
Power Cawnai s s ion.
The Company shall not be liable to the Town or its in-
habitants, nor shall the Town, or any inhabitant who is a customer
of the Ccwpany, be liable to the Company hereunder by reason of
the failure of the Company to deliver, or of the T own or as
customer to receive, natural gas as a result of acts of God, or a
public enemy, inability of pipe line supplier to furnish an ade-
quate supply due to an emergency, an order or decision of a public
regulatory body, or other acts beyond the control of the party t
affected.
whenever anyof this c�ccu=eencess named above take lace tier►
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Company shall have the right and authority and it shall be its duty
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to adopt reasonable rules and regulations in connection with
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limiting, curtailing or allocating extensions of service or supply-
ing of gas to any customer or prospective cust+ort er, and withhold-
Ing the supplying of gas to new customers , provided that such
rules and regulations shall be uniform as applied to each class of
customers, and shall be nondiscriminatory as between communities .
The Company shall have the _fight to contract for the sale
of gas for industrial use on an interruptible basis, requiring the
customer to have standby equipment for use upon notice by the
( Company. 'i'he Company' s rules, regulations, schedules or contracts
for curtailing interruptible gas service shall be uniform as
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i applied to each class of interruptible customers.
If service is temporarily suspended because of any of the
reasons set forth above, occurring through no fault or negligent
act on the part of the Company, such suspenaion shall not be made
the basis of any action or proceeding to terminate this franchise.
The quality of the gas sold in the Town shall be the same as that
sold to the Company ' s custc oer in the City of Minneapolis.
Section 6 . EXTENSIONS OF SERVICE. The Company agrees to
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lay such of its mains and pipes as came within its requirements a
for suburban service as soon as reasonably possible to do no. The
'2cvn Board of the Town shall have the right to make such reason-
able rules and regulations as may be necessary to provide adequate
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and proper service.
section 7. RATE S . The Company agrees for and in behalf
of itself , its lessees, successors and assigns that all authority
and rights in this ordinance contained shall at all times be 4ub—
jest to all right, power, and authority now or hereafter possessed
by said 'town or any other regulatory tribunal having jurisdiction '
thereover to regulate, fix and control just, reasonable and,
compensatory gas rates, except as hereinafter limited. The
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T o w n recognizes that the entire suburban area adjacent to and
near the City of Minneapolis, which includes the Town of Eden
Prairie, may be regarded as a single zone for rate making pur-
poses and agrees that the Company has the right to insist upon a
uniform rate for all of its consumers in said suburban area . All
rates charged under this ordinance shall at all tines be fair,
just and reasonable.
Section 8 . ACCOUNTING REPORTS . The Company agrees to file
with the `.town Cleric, on or before July 1 of each year, a copy of
its annual report to its security holders for the preceding
calendar year, together with a balance sheet and income statement
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of the suburban division and a balance sheet and income statement
for the ` own of Eden Prairie on an allocated basis .
Section 9. FORFEITU.k. If the Company shall be in default
in1he performance of any of the material terms and conditions of
this ordinance and shall continue in default for more than ninety
(90) days after receiving notice from the Town of such default,
the Town Board may, by ordinance duly passed and adopted,
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terminate all righta granted under this ordinance to the Company.
' The said notice of default shall be in writing and shall specify
the provisions of this ordinance in the performance of which it is
claimed that the Company is in default . such notice shall be
Nerved in the manner provided by the laws of the State of Minne-
sota for the service of original notices in civil actions. Tho
reasonableness of any ordinance so passed declaring a fuxflitut*
of the rights and privileges granted by this franchise QVdinance
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shall be subject to review by the United States District Court for .
the District of Minnesota, Fourth Division,
Section 10. IYON-EXCLUSIVE. The rights and privileges
hereby granted are not exclusive, and the To w n expressly re-
serves the right to grant rights and privileges to other persons o
corporations .
Section 11. CHANGE OF GOVERNMEWT . Any change of the form
of government of the Town into a city or otherwise as authorized
by the utate of Minnesota shall not affect the validity of this
franchise. Any municipal corporation succeeding the 'T o"wn - shall,
without the consent of the Company, succeed to all the rights and
obligations of the Town provided in this franchise.
section 12 . AmEPT.ANCE . The company shall, within thirty
(30) days after the passage and publication of this ordinance,
file with the Town clerk its acceptance of the same in writing,
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 publication.
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Adopted this day of , 1960.
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�a
Chairman of Town Hoar
ATTEST:
Town Clerk
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AF,, . DAVIT OF PUBLICATIf-A
.��I��������I������1�/•���NI�I����II.I��M��IA�����N���MNNMrNI��N�� ��rM
The Hennepin County Review
Hopkins, Minn.
State of Minnesota
County of Hennepin �SS.
JOHN E. TMTON, being duly sworn, on oath says: that be now la and during all the time herein-
stated has been JOHN E. TMTON, the publisher--------and printer--------of the newspaper known
as The Hennepin County Review, and has full knowledge of the facts herein stated.
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That for more than one year immediately prior to the publication therein of the printed
Ordinance No. 16 Re grantIm
ir[in_n_e�ip_o_lis__C�s__Co •.. �`OD "
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---the Him _to_Manif eft"o sell Gra and/or D3str3bntp s....
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hereto attached, said newspaper was printed and published In the English larigttage from its }
suata `�
known office of publication within the County of Hennepin, State of Minnesota, on Thursday of
each week in column and sheet form equivalent in space to 450 running Inches of single column r 1
two inches wide; has been issued from a known office established in said place of publication
equipped with skilled workmen and the necessary material for preparing and printing the aeme
THE HENNEPIN COUNTY iLEVLEW has had in its makeup not less than twenty-five per
of Its news columns devoted to local news of interest to said cosnmttntty it purports to serve, then r
press work of which has been done In its said known place of publication; hen contained general Of
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news, comments and miscellany; has not duplicated any other publication; has not been entire �A
ly made up of patents, plate matter and advertisements; has been circulated at and near its Bald
Place of publication to the extent of 240 copies regularly delivered to payinglace of subscribers; has been ,
entered
bee on tUedln class
the offlca of teheiCounty AudlWr office
of said county the the affidavit of a person havlicat4on; that � g *4 +�71 �'�7s
Ing first hand knowledge of the facts constituting Its quallfleations an a neWspaper for publication
of legal notices; and that its publishers have complied with all demands of said County Auditor z
for proofs of its said qualification. A copy of each issue has been filed with the state Historical ax�x xyt
Society, St. Paul.
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the print � x
sterna LiE
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hereto attached as apart hereof wes cut froao-the columns of said newspaper; was pubUahed �
therein in the English language once a week for-_-_4A------successive weeks; that it was
first so published on the------28t"h--------day of-----------�li'1-----------------thereafter on------------------------------of each week to sad including the--------------------_ 4
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dny 4f of------ --------- -- -- - 1 x,i Js y
_-_ 19-.__• and that the following Is a copy of the lower case 1 '
alphabet which is acknowlle�d�geed��to�,have been the sizeand kind of type used in the publics-
tion of said 5� 0.^XQ._ IRe.AALP----------- •--"
abcdefghlj rate ---- ----- --__...----- t �
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Publisher fix.
Subscribed and sworn to before me tl]1s__ tk ln3'il 60
---- -^may �--
--------+'- ---- -• 19^---
x M,A+ftr4' ,ry
Thomas D. Williatae. Notary Public_ Hennepin Munty. Mann h i v ' s u wj, * s''
My Commisalon Sxp1res June 16, 3061
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STATE OF bAnOC&SOTA )
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COUNTY OF H;1 NNZPIN )
I, fd'Iaeear 8 CLrh. the dap elected sad quaMed Clerk of tka Taws
of IEdsa Frawo. Hennepin Canary, eby entity dW I have compared
the attached ordinance entitle&
"An ardhisawe Pontius to --its tics Coutpeny. its
she =W asatf am, dw right to 0. tell
wWar distribute has Aw Manahwiting. bwaUg and outer
purpoeea it rite TOW& of NAM trairia, a"is mat rite Roe&.
` Strome, Avwwms and A 1*1w dwwag for dot purpose."
with the orighlel is fne in tits office of dw Town Clerk of dw sold Tma of
Bdea fff ra3rier which aordinaft a was duly poseed by the lbws ftwd of tits Tom of
Rdea ftairis as April 12. 1960. and wore pabliAwd as required by Mary an .April 28. 1960,
in the lienoWr C%mty Review, and dou dw attaeied cam► is a =rile surd correct cWr of
said wripitwl.
IN VfIT M '!!f'1f1XRSOF. I have boars set my bmd and sad dw
seal of the: said T+awn al Man ftaf r#s We I o day at May, 19600
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ACCEPTANCE OF ORDD4ANCE
1VHBR SAS, at a meeting of the Torn Board of the Town of
Eden Prairie, Minnesota, duly-held on April 12, 1960, an .ordinance: was duly and
regularly passed by said Town Board, which ordinance is entitled:
"And ordinance granting to Minneapolis Gas Company, its
successors and a.ssigas, the right to manufacture, sell and/or
distribute gas for illuminating, heating and other purposes in
the Town of E&m Prairie and to use the Roads, Streets,
Avenues and Alleys thereof for that purposes'
and
WHEREAS, the said ordinance was published in The Hennepin County
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Review, a duly qualified and legal publication, on April 28, 19W, and 3
WHEREAS, said ordinance is now is fall force and effect.
NOW, TIMEFOR$, said polls Gan Compa
ny, for itself and
its successors and assign, does hereby accept the said ordina=e and the right
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and authority granted thereby upon the terms and conditions is said ordinance
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set forth.
IN TRSTDAONY WHEREOF, the said to Gas Company has
' caused this instrument to be executed in ite name and behalf by its duly authorized
officers, and has attached hereto the neat of the Company this
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day of belay, 1960. .
w
h[DO APOUS GAS CGNPANY
Vice
President
Ann
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Secretary
The above Acceptance was duly filed with the Town Clerk of the Tots of Eden Prairie
on the - r day of May.. 1960.
Tilpls,qdq _
Town of Eden Prairie, l"i"sots