HomeMy WebLinkAboutOrdinance - 84-82 - Minnegasco Franchise Ordinance - 04/17/1984 SRA/4-83
ORDINANCE NO. 82-84
CITY OF Eden Prairie , Hennepin COUNTY, MINNESOTA.
e
An ordinance granting Minnegasco, Inc . , a Minnesota corporation ,
its successors and assigns , a nonexclusive franchise to con-
struct, operate, repair and maintain facilities and equipment for
the transportation , distribution , manufacture and sale of gas
energy for public and private use and to use the public ground of
the City of Eden Prairie , Minnesota for such purposes; and
prescribing certain terms and conditions thereof
THE CITY COUNCIL OF EDEN PRAIRIE ORDAINS :
SECTION 1 . DEFINITIONS . The following terms shall mean:
1 . 1 . Company ._ Minnegasco, Inc. , a Minnesota corporation,
its successors and assigns.
1 . 2 . Gas . Natural gas , manufactured gas , mixture of natural
gas and manufactured gas or other forms of gas energy .
1 . 3 . Municipality , Municipal Council , Municipal Clerk .
These terms mean respectively, the City of Eden Prairie ,
the Council of the City of Eden Prairie and the Clerk of
the City of Eden Prairie
1 . 4 . Public Ground . All streets , alleys, public ways ,
utility easements and public grounds of the Municipality as to
which it has the right to grant the use to the Company .
SECTION 2 . FRANCHISE GENERALLY,
2 . 1 . Grant of Franchise . There is hereby granted to the
Company, from the effective date hereof through June 30 , 2003 ,
the right to import , manufacture , transport , distribute and sell
gas for public and private use in the Municipality, and for these
purposes to construct , operate , repair and maintain in, on , over ,
under and across the Public Ground of the Municipality, all
facilities and equipment used in connection therewith , and to do
all things which are necessary or customary in the accomplishment
of these objectives , subject to zoning ordinances , other appli -
cable ordinances , permit procedures , customary practices , and the
provisions of this franchise .
2 . 2 . Effective Date ; Written Acceptance . This franchise
shall be in force and effect from and after its passage and
publication as required by law, and its acceptance by the Company
in writing filed with the Municipal Clerk within 60 days after
publication .
2 . 3 . Nonexclusive Franchise . This is not an exclusive
franch ise.
2 . 4 . Franchise Fee . The Company may be required to pay to
the Municipality, in the manner and at a rate prescribed by a
separate ordinance , a fee determined by collections from sales of
Gas, but not to exceed 5% of the Company ' s gross revenues from
the sale of Gas within the Municipality. Such ordinance may be
adopted , amended , repealed or readopted at any time during the
term of this franchise . The fee , if required , shall be effective r
90 days after written notice cf the ordinance to the Company. No
such fee shall be effective as to sales made before January 1 ,
1984. The fee shall be separately stated on gas bills rendered
to customers within the Municipality .
2 . 5 . Publication Expense. The expense of publication of c
this ordinance shall be paid by the Company.
2 . 6 . Default. If the Company is in default in the perfor-
mance of any material part of this franchise for more than 90
( days after receiving written notice from the Municipality of such a
default , the Municipal Council may, by ordinance , terminate all
rights granted hereunder to the Company . The notice of default
shall be in writing and shall specify the provisions of this
franchise under which the default is claimed and state the bases
therefor . Such notice shall be served on the Company by per-
sonally delivering it to an officer thereof at its principal
place of business in Minnesota. r
Y
X
If the Company is in default as to any part of this fran-
chise, the Municipality may, after reasonable notice to the
Company and the failure of the Company to cure the default within
a reasonable time , take such action as may be reasonably neces-
sary to abate the condition caused by the default , and the Com-
pany agrees to reimburse the Municipality for all its reasonable
costs and for its costs of collection , including attorney fees .
Nothing in this section shall bar the Company from chal-
lenging the Municipality ' s claim that a default has occurred . In
the event of disagreement over the existence of a default, the
burden of proving the default shall be on the Municipality.
i
2
SECTION 3 . CONDITIONS OF USE.
3 . 1. Use of Public Ground . All utility facilities and
equipment of the Company shall be located, constructed, installed
and maintained so as not to endanger or unnecessarily interfere
with the usual and customary traffic, travel, and use of Public
Ground , and shall be subject to permit conditions of the Munici-
pality. The permit conditions may provide for the right of
inspection by the Municipality, and the Company agrees to make
its facilities and equipment available for inspection at all
reasonable times and places .
3. 2 . Permit Required . The Company shall not open or disturb
the surface of any Public Ground for any purpose without first
having obtained a permit from the Municipality, for which the
Municipality may impose a reasonable fee to be paid by the
Company. The permit conditions imposed on the Company shall not
be more burdensome than those imposed on other utilities for
similar facilities or work. The mains , services and other pro-
perty placed pursuant to such permit shall be located as shall be
designated by the Municipality.
The Company may, however , open and disturb the surface of any E
Public Ground without a permit where an emergency exists re-
quiring the immediate repair of its facilities . The Company in
such event shall request a permit not .later than the second
working day thereafter .
3. 3 . Restoration . Upon completion of any work requiring the
opening of any Public Ground, the Company shall restore the same ,
including paving and its foundations , to as good condition as
formerly , and shall exercise reasonable care to maintain the same
for two years thereafter in good condition . Said work shall be
completed as promptly as weather permits , and if the Company
shall not promptly perform and complete the work , remove all
dirt , rubbish , equipment and material, and put the Public Ground
in good condition , the Municipality shall have the right to put
it in good condition at the expense of the Company ; and the
Company shall , upon demand , pay to the Municipality the cost of
such work done for or performed by the Municipality, including
its administrative expense and overhead , together with ten
percent additional as liquidated damages. This remedy shall be
in addition to any other remedy available to the Municipality .
3.4 . Relocation of Utility Facilities . The Company shall
promptly, with due regard for seasonal working conditions,
permanently relocate its facilities or equipment whenever the
Municipality orders such relocation . If the relocation is a
result of the proper exercise of the police power in grading,
regrading , changing the location or shape of or otherwise
3
-improving any Public Ground or constructing or reconstructing any
sewer or water system therein, the relocation shall be at the
expense of the Company. If the relocation is not a result of the
proper exercise of the police power, the relocation shall be at
the expense of the Municipality. If such relocation is done
without an agreement first being made as to who shall pay the
relocation cost , such relocation of the facilities by the Company
shall not be construed as a waiver of its right to be reimbursed
for the relocation cost. If the Company claims that it should be
reimbursed for such relocation costs, it shall notify the
Municipality within thirty days after receipt of such order . The
Municipality shall give the Company reasonable notice of plans
requiring such relocation .
Nothing contained in this subsection shall require the
Company to remove and replace its mains or to cut and reconnect
its service pipe running from the main to a customer ' s premises
at its own expense where the removal and replacement or cutting
and reconnecting is made for the purpose of a more expeditious
operation for the construction or reconstruction of underground
facilities ; nor shall anything contained herein relieve any
person from liability arising out of the failure to exercise
reasonable care to avoid damaging the Company ' s facilities while
performing any work in any Public Ground.
3 . 5 . Relocation When Public Ground Vacated . The vacation of
any Public Ground shall not operate to deprive the Company of the
right to operate and maintain its facilities therein . Unless
ordered under Section 3 . 4, the Company need not relocate until
the reasonable cost of relocating and the loss and expense g
resulting from such relocation are first ;paid to the Company.
When the vacation is for the benefit of the Municipality in the a
furtherance of a public purpose , the Company shall relocate at
its own expense .
3 . 6 . Street Improvements , Paving or Resurfacing. The
Municipality shall give the Company reasonable written notice of
plans for street improvements where paving or resurfacing of a
permanent nature is involved. The notice shall contain the
nature and character of the improvements , the streets upon which
the improvements are to be made, the extent of the improvements
and the time when the Municipality will start the work , and , if
more than one street is involved, the order in which this work is
to proceed . The notice shall be given to the Company a suffi-
cient length of time , considering seasonable working conditions,
in advance of the actual commencement of the work to permit the
Company to make any additions , alterations or repairs to its
facilities the Conpany deems necessary.
4
In cases where streets are at final width and grade , and the
Municipality has installed underground sewer and water mains and
service connections to the property line abutting the streets
prior to a permanent paving or resurfacing of such streets , and
the Company ' s main is located under such street , the Company may
be required to install gas service connections prior to such
paving or resurfacing, whenever it is apparent that gas service
will be required during the five years following the paving or
resurfacing .
SECTION 4 . INDEMNIFICATION_ The Company shall indemnify, keep
and hold the Municipality, its elected officials , officers ,
employees , and agents free and harmless from any and all claims
and actions on account of injury or death of persons or damage to
property occasioned by the construction , maintenance , repair ,
removal , or operation of the Company' s property located in, on ,
over , under , or across the Public Ground of the Municipality,
unless such injury or damage is the result of the negligence of
the Municipality, its elected officials , employees, officers , or
agents. The Municipality shall not be entitled to reimbursement
for its costs incurred prior to notification to the Company of
claims or actions and a reasonable opportunity for the Company to
accept and undertake the defense .
a
If a claim or action shall be brought against the Munici-
pality under circumstances where indemnification applies , the
fr Company , at its sole cost and expense , shall defend the Munici-
pality if written notice of the claim or action is promptly given
to the Company within a period wherein the Company is not
prejudiced by lack of such notice. The Company shall have °
complete control of such claim or action , but it may not settle
without the consent of the Municipality, which shall not be
unreasonably withheld . This section is not , as to third parties ,
a waiver of any defense or immunity otherwise available to the
Municipality, and the Company in defending any action on behalf
of the Municipality shall be entitled to assert every defense or
immunity that the Municipality could assert in its own behalf .
SECTION 5 . ASSIGNMENT. The Company, upon notice to the Munici-
pality, shall have the right and authority to assign all rights
conferred upon it by this franchise to any person. The assignee
of such rights , by accepting such assignment , shall become
subject to the terms and provisions of this franchise .
SECTION 6 . CHANGE IN FORM OF GOVERNMENT. Any change in the form
of government of the Municipality shall not affect the validity
of this franchise . Any governmental unit succeeding the Munici-
pality shall, without the consent of the Company, automatically
succeed to all of the rights and obligations of the Municipality y
provided in this franchise .
5
SECTION 7. SEV'ERABILITY. If any portion of this franchise is
found to be invalid for any reason whatsoever, the validity of
the rest of this franchise shall not be affected.
SECTION 8. NOTICES. Any notice required by this franchise shall
be sufficient if, in the case of notice to the Company, it is
delivered to Minnegasco, Inc. , attention Vice President ,
Minnesota Operations, 201 South Seventh Street , Minneapolis ,
Minnesota 55402, and, in the case of the Municipality, it is
delivered to:
Office of the City Clerk s
9
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
SECTION 9 . PREVIOUS FRANCHISES SUPERCEDED. This franchise
supercedes all previous franchises granted to the Company or its
predecessors .
Passed and approved May 1, 1984
MaVor 6f ioSe City of Eden Prai ri e �
ATTEST: innesota
Cle o' he City of Eden Prairie
Mi esota
9
i
i
�yy
1
i 6
1 3.6.Street Impruvernenb. Paving or Hit—surfacing.
The Municipality-shall give the rumpany reasonable
_..__ .. SECTION 3.CONDITIONS OF USE. written nuts.a of plans for adrert unp ovemenfss
Puki,stirs 14*4 1 3.1.Use of Public Ground.All utility facilities and I where pavuurl or re-.urfarino.!of a prrnuutcnt nature
C.I.!�; .�.`•i F .'-.+; a:c:A equipment of the Company shall be located, coal- Ls involved The notwe shall ctrrrtrnn the nature and
Cl:\=I,t•'E.!r ', i !t':1%irl' strucled, installed and maintained so as not to e1- chirarter of the ttriproverv.-w,, the .tree 1< upon
1:A danger or unnecessarily interiere with Cie usual and which the unproreinents art,t,t,•ri;<4•. ilivextent
lr,:. a Min- customary:raflic.travel.and use of Public Ground, ( of the unprmerricnta and the tine xthut the
n.;+i-:ls, a and shall be subject to perrn;t conditions of the N.luncipatity will .sutr•t the work. and. if more than
rr,rr it r f r:1, !:.•° t:,+:•r ,t :.:1•r.::!,r e;i:nr Muriicipa lity.The permit conditions may provide for it street is tin nth v.1.tIic order in ti:e:^!:t lei.lntrk is
a;rl lt.aintnu, t.t•,:,ties .u,: r,ul:n:••n; !•x the the right of urspection by the Municipality,and the
to proceed.d.The nest 1cc stlall Cx i n ca to the Company
rem l.•rt%It::^i+,d°ar:rlea,Uf,,1`::.f:Ui art::fe'F•n!i5%11Pof Company agrees tomakelts facilities and equipment a sufficient lengtn of tune, cons+d,ring xuisonable
gees enef,:y fog puU:,r and!. :. t`.c au•I t,r u_�e the available for inspection at all reasonable times and working conditions, in advance of the actual com-
:ub!,r:;lnWtA of the City o F:,ire. f'ratrie.nt,nnes„ta places. menccatlent t.f the work to pernnt the. Crimp:iny to
for such l-'riw:-:es; and pl e-i+Linµ certI'uu trans 3.2.Permit Required.The Company shall not open make any addi;iuns, alteration.i ur repairs to its
a-id r ca.Lt;:,xis lh,•t eof. or disturb the sutincc of any P'uhlic Ground for any facilities the Conipany deems nec.•ssary.
TiIE CI1"Y COUNCIL OF I.DIi_N PHAIME Clt- purpose without Itrst having obtained a permit from Incases where st,cetsareat final•xretthandgrade,
DMNS the Mwticepality,for which the Muni,ipabty may irr: and the Municipa t.ty has uswl.ed underground
SI.:(-11r rti h. I)E:Ft: l'flt"}E: Tim fulla,wing toms poise areasimab!P fee to lxpald by the Company.Th;t t O' sewer and water mains and service cennectioni to
:.hall rnrau: permit conditions unposed on the Company-Company-shall not the property Uric abuttmr:then streets prior to a per-
1.1 C:r,trpany.M:nnr1;+scn, Inc., a Minnesota coo- be more burdc.nsome Lhan tho:,e unposed on other manent paving or rusurf.irinl of such streets,and
drat-.on,its u<Y ens ins oriel assigns. utilities for similar facilities or work.The mains,ser- the Company's main is loc att-d under such street the
1.2.Gas.Natw al ga.,m.+:iu_'actttred gas,mixture vices and oLhe•r property placed pursuant to such Company may be required to install gas service con-
cot natural gn.s and mariolomured gas or other forms permit shall he located as shad be designated by the nections prior to such paving or resurfacing,
Of gas encrNy. Municipality. I whenever it is apparent that gas service will be re-
1.3. Municipality, Munirlpal Council, Municipal The Company may,however,open and disturb the t quire3 daring the five years folluwmg the paving or
Clerk. TTIc a terms mean rrspce•tiveiy. the City of surfaceof any Public Ground without a permit where r resurfacing.
F.den Prr.eric,t,e Cuwtcil of the r._uy of Eden Prairie an emergency exiss requiring the immediate repair SECTION 4. INDEMNIFICATION The company
and the C1e-rk of the City e!E-:er,Praute. of its facilities.The Company na such event aW re- ISSN i shall indeni:lify,keep and hold the Municipality,its
1.4.pub!ir C,:ua:ld.Ali streev,.alley: rust a
,public ways. 4 permit pot later than the second worltitagday 1 elected officials, officers.emfduyees, and agents
utility casenients ant' 1•ut,!ic groun•tn of the ' timicetter. ____ free and harmless from any and all claims and ac-
lrtun:clnal1ty AS to s,hleh it ha.ti the nt•tit to grant the 3.3.Ratoratiot.Upon eomplet"n of any worts roe. i Tian on account of injury or death of persons to
lsc to We Company. quirWt the Opening of any Public Ground,the Com- t damage to property occasioned by the construction,
SE:LrION I.Fit ANCill:;F f;f'NERALLY. paary AMU]restore the Game,including paving andits maintenance, repair• removal, or operation of the
2.1.Grar;i c'Franctc c'Chc:e 1s hereby ¢ranted to fot»tdations,to as good condition as formerly, and Company's prope,ty located in, on,over, :alder,or is the
the Company,from the effe:uve d::te hereof through: shall exercut reasonable care to maintain the same across the Public Ground of tic Municipality,unless is full
C.3
Jun.- 3,1. 20 , the fil:hl t.h in:port. ri.,nu-racture, for two years thereafter in good condition.Said work Dui such injury or damage is the result of the negligence
t*ansport. distribute and F:v gas to- puhlic and :shall b'ecompleted as promptly as weather pertsuis, of the Mruucipatity• its elected officials,employers,
private use in the Munutpauty, and fnr these pur- and if the C0111µany shall not promptly perform and ulr Nficers,or agents.The Municipality shall not be ea- 1 pee
poses to construct,operate,relinir and r %retain in, complete the work,remove all dirt,rubbish,equip- titled to reimbursement for it%costs incurred prior to
on,i ve.r,wider And aroma the E'uttuc Gross nd of the mer=t and material, and put the Public Ground in r ap, notification to the G_:rnpaityof clauns or acdiomancd
Mums-ipnlity, all faciWtei and -Nwptnert used in good condition,Ihr MLrucipaltty shell have the right i 82-• a reasonable rtnpctrtunity for the Company to accept
connecusm tierewtth,and to du all things v.ttich are to put at In good condition at the expeaia of the Com- -- and undertake the defense.
taxer,;.r7 or rustontary in tt.r accomplirhrnert of 4 If a claim or acL•on stall be brought against the
thmc objectives,s lbjt ct to zvntng erdir.ances,other pany;and the Company stiati. upor,dem.ind,pay to t ^� Municipality under circumstances where indem-
appi:caliln ordinances, pertnit pre:edures, the hfllniclpalit}• the cost of s,:ch work done for or nitication apples,the Company, at its sole cost and
e utumaty practices,and the provisions of this fran- perfomned by the Murucipafity, including its ad- expense, shall defend the Hunicipatity if written
chile. minfstrative expens;• and overhead, together with notice of the claim o.action is promptly given to the
f^chive Date:Written Acceptance.This Fran- ten percent additional as Liquidated damages. This raald •Company within a period wheere►n the Company is k.for
C4, ?il be in force and effect from am!after its remedy shall be in addition to any other remedy not prejudiced by lack of such notice.Tile Company
pa&_I e and pubhcauon ns re-gtured by law,and its available to the Municipality, shall have complete control of such claim or action,
acceptance by the Company fn writinut!.:,,d wish the 3.4.Relocation of Utility Facilities,The Company NliF10d o but it may pot nettle withad Utter consent cf the f.and
Mtutit ipal C l-'rk within Lit days after hubs,,.ation. shall promptly,with due regard for seasonal working -Municipality, which shall rind be unreasonably
2.3. Nrmexchtsive Franchise. This Is not an ex- conditions, permanently relocate its facilities or llwithhheld. This section is riot, as to third parties,a
elusive franchise. equipment whenever the Murt-cnpalily orders such ry _ waiver of any defense a rly Cd
2.4.Franchise Fee.flu•Crirnpariy may be required relocation.If the relocation is a result of the proper y f Y otberwilne
to pay to Lie ?stunicipv!ity, i:i the mariner and at a exercise of the police power in grading, regrading, available to the Mutnicfpality.wad the C=Vmy it
rate Proscribed by a scp iiratt•ordinance,a fee deter- changing the location or shape of or otherwise tin- defending any actirm an behalf of the Muzak paUty
mined by collections from sates of Gas,but not to ex- proving any Public Ground or constructing or Of the la shall be entitle Ito assert every defense or fmmimity� !r eby
ceed S perre it of the Coml any's gross revenues from reconstructing any sewer or water system therein, ,e wed is that the Municipality could assert in its own behalf.'-
the sale u: Cins within the *.!t.rurtpalty. Sach or- the relocation shill be at Ule expense of the Corn- SECTION 5.ASSIGNMENT.The Company,upon'
dinarce may lie adopted. z.mended, repealed or party. If the relocation is not a result of the proper eddghlA notice to the Municipality,shall have the right and
readop:r.l at any utne dunr.;the term of this Tram- exercise of the police power,the relocation shall be authority to assign all rights coinfer•red upon itbythfg
chile.TT.c-fee,if required,sr ail re effective 40 days at the expense of the Municipaiity.If such relocation franchise w any person.IMe assignee of such rights:,
after svritte,i no'lee of the ur.sIr,alice W the Company. is done without an agreement first being made as to by accepting such assignment•shall become subject,-
No such fee s`iall t.e effective as to sales made Ix-fore who shnl!pay the relocation cost,such relocation of to the terms and provisions of this franchise. '
.ia naary 1,1:484.The fte shall the separately stated on the facilities by the company shall not be construed SECTION 6, CHANGE IN POR,'M OF GOVEILN-
gas bill.; rendered to customers within the as a waiver of its right to he reimbursed for the � MENT.Any change in the form of government of the
Muniripality. relocation cast.If the Company claims that it should Municipality shall not affect Ube validity of this(ran-
2.5. Pubhcation Expense.lite expense of publics- be reimbursed for such relocation costs, it shall chile. Any governmental unit succeeding tht'
lion of this ordinance stgtll be paid by the Company. notify the Municipality witun thirty days after Municipality shall,without the consent of the Com-
2.6.Default.if the Cumpuny is in default uu:he per- receipt of such order.T'he Munic•ipaltyshall give the pany,automatically succeed to all of the rights and
ronlla•lor of any rnater;al part of tht_s franchise fur Company reasonable notice of plans requiring such ! obligations of the Muricipality provided in this frart~
xr+orc thwi 90 days a%er rece.ivtni; written notice relocation. I chase.
from the MuuwelpaI0 ol>uch d.•fautt-the ivtustictpal Nothing contained ul this subsection shall require SECTION T.SF.VERAflIUTY. If any portion of
Council loav, by orduisnce, terminate all rights the company to remove and replace its mains or to r this franchise is found to be hvaUd for any reason.
granted hereunder to slit• Ceur.,arrc Ti"' putt:c of cut and reconnect its service pipe running from the whatsoever,the validity of the rest of this franchise
default shatl tx•in writuii;:,::+!jaaii rpecify U•e pruvt- main to a curtomer's promises at its own expense shall not be affected.
signs of this franclu%e uiklcr which the dtfeult is where the removal and replacement or cutting and SECTIONS.NOTiCES.Anynotice required bythis
ctauned and state the blurs therefor. SuC:i notice reeonnec rig is made for the purpose of s more ex- francluse shall be sufficient it,In the case of notice to
stall 1r. served ot. tilt c:urnp+ny by personally peditims operation for the construction or the Company,itis delivered tnMinncga cn,Irtc.,at. +
delivering it to an +,'fever t`iereuf at its principal reconstruction of widerground facilities; nor shall tention Vice President, Mtmesota Operations,201
pt.ce of ht:smess in :,nnC•:•+nil. anything contained hervm relieve any person from — --' Scmth Seventh Street, Minne:ipulfs,Minnesota 65M
If the Cuinpany" is In i!.!:r:r a-.Lit any putt of this liability nrtsing out of Or failure to exercise and,in thecaseotthe Municipality,itisdeliveredlor
f.:lr,chise, thel 11un.:1;:,ui. 11 av, after re.t.onable reasonable care to avoid dam of irg the G-limpany's Office of the City Clerk
notwe to the C'.mrp-s;o ,r 1 the fat!ure of the t'mn- facilities while performing tiny work in any Public City of Eden Prairie
pa ny to cure Ow. dcf:!u!1 =d.l:ue :+ reasonable time, Ground. _ OW Eiden Prairie Road
tat u•t.actin as n=.cl t.•rrr.s-•i+.:bly nr.. .;ary to 3.5. Itelocalion When Public Ground Vacated. The �r Eden Prairie,NiN55344
tf;t c i,u au 1 ameef :,s the default, and the vacation of any Public Ground alas not operate to t. SECTION 9. PREVIOUS FRANCHiSF,j.
say rr.s Gr rV;1;,huu, • the MuniClpllLily for deprive the Company of the right to operate and SUPE110EDED. This franchise supercedes aft
i rn:..u,.thlr c,t:,t.•i told fur iLr cuss of collection, maintain it.s facilities therein.Unless ordered tinder previous franchises granted to the Company or Iti,
Including atlurney fees. Section 14.Use Company need not relocate until the predecessors.
Nothing in thus section shall tzar the Company frost reasonable cost of reheating. and the loss and ex- Folioed and approved May 1,1984.
challengvig the Municipality's claim that a default pcnse resulting from ouch i eltat•a!wn are fir:;!paid Lit :r• ATTEST:
has occurred. in the event of disagreement over the Uv Conip;my.When the v..c.ajun is f.r the henctit of Wolfgang H.Peruet
existence of a default,the burden of proving the the Mu hulpality 1:1 the f+:rlherancr o(a public pur- Mayor of the Cityo( 4
default shall be on the:+buttespably. pcise,t1w Comilariy stuill rcb-�•ate a:t its ov'n rxpense. Eden Prairie.Miruteselfr
JohnD.Frane ;
3t` t•�c.t tin tr e,, ,ant All u1:.;.tr( Iftt,s riot Clerk of the City of Eden Prairie,Minnesota 4
e,t #,:sell a tot 1 yr 1;n srwel + tk'.de j (Pub.Eden Prairle News May 9.1964)
sttut'ttJ.�1<, r 1u1 hat In,1'l i, . m•t X,ell.
A.,•„r•.!+11'Illtrtre',•:Litt:Jv httertrrc with Itw 11%iial and
�F
i5
, j
h"rye'
CI':1'rlt F;U!. . 1'Ii1.1 if1, �.
nC_"' ,X'/i-".,Jt,, !tti cV•,•<••.- ::9 aa•i A'.•Ij:u, a �' ' _ y.
rant,.. ,zrr fran R,,r tr••ar:,U r;•r,rt.ra:r,,.•hart _.-.__._,_____..-.,,.,-_._._._
and it..41MR111 1.n'll+tx•s .-r+l r:rcq,nvn: for the
trait,itttl at wii.d,'.inhu.ax.,n:..::ui:ertt:n•mid vile of
gasPner,!p for pubL^::nA 1• :;etc h c and t„use Ne
pul:bc grotwel of U,e CA)of E-Inn Prame,M,nrrsota
for su:'h purprr..es; and per..t:butg tertzkn terms
P'sd mj.Ltions thertof.
TIiF.: CITY COUNt:II.OF F:1')F:N PRAINIF CR-
DAINS:
SECTION 1. DF:rl::rflr,!:s. The fol:owini lento
sh Affidavit of Publication
alt au:
1.1.Company.Minnegosco.Inc ,a Mitinesota tor-
poration,tts sucvess,rrs and assi;ns.
1.2.Gas. Natural Ras,trieviulacrured gas,mixture
of natural gas and inenufacturud gas or other forms
of gas energy.
1.3. Municipality, Municipal Council, Municipal
Clerk. The-:e terms mean rvsf>"uvely, the City of
F-den Prairte,UwCouncil ofthc City of Fden Praine State of Minnesota '
and the C►rrk cf the City of E.dert Prairie.
LC Flublir.Grou id.Allscraety,alleys,public.ways, )SS.
utility easenirnts and public group-lit of the CiOlJflt of Hennepin
MuRtt:ipality as to t.retch it has Ne rivin to grant the y p
use to the Company.
St-.L'rI0N1 2.F•fi.ANCHLSr CENERALL.Y.
2.1.GrarA of Fr'anctiise.'orate is hereby eranted to
the Cntrp tny,frorn Neeffet.Live date her'mf through Mark A. Weber
Jun. U. 2003, the right to import, nianuracture, duly sworn,oa oath says thatandhe/she h lull
transport. distribute an,s �ci7 gas for public and publisher or authorized agent and employ**of the publWler of the newspaper known as Eden Prairie News..and his foil
knowledge of the facia which are start below:
private use in the Muntripality, and for these pur-
poses to construct.operal.., llepzir and twuntain in, (A)'Phe newspaper has compiled with all of the requirements constituting qualification as a legal newspaper.all pro-
on,liver, tinder and acrfe-.s the t'ubuc Gr„t:nd of the vided by Minnesota Statutes 331,0L 331.08.and other applicable laws.
Mtrniripalrty, all fartit+.ie_y and equipment used to
connection therewith,and tr.du all things Much are (B) This Printed 0 rd,i na nee No. 82—84
nrxessary or customaly in the accornpLchment of `-
thme objectives,ssbj(,d to zoning erdin races,other
appi;cable ordinances, permit pro.:edures, _.___Q£f i r I a 1 PiiFt 1 i ra t ij= blo ._ 4-50,
customary practices,gild the-provisions of this fran-
chise.
Y `fictive Date;Written Acceptance.INs!ran- _ - •.
ant be tit fora:arid effect from and after its which his attached was cut from the columns of tuW newspaper.and was printed and publiabed once each wait, foe f
pas-, ge and publication as required by law,and its
acceptance by the Connpc ny ul writing!4id with Cite
Municipal Ct.rk within W days after p,ubi:cation. one ,auccesaive weeks;it was first published an Weds_,the 9_ d da M $4
2.3. NPRexclusive Franchise. This is ntA an ex-
clusive franchise.
2-4.Franchise Fee.The Company may be required was thereafter printed and published on every -. to and Including --_-.---._. the _.___.. day of
to pay to the Municfpaht), vi the manner and at a
rate pre.4cnted by a seprc:etc'ordinance,a fee deter-
rnir a by collections from sales of Gas,but not to ex- ,1111 Printed below is a copy of the lower etas alphabet from A to Z.both inclusive,which W hereby
ceed 5 Pert-cot of the Coinv attv•c grass revenues from Acknowle4ged as being the sin and kind of type used in the tanp*W91on and publication of the noun:
the sale of Gnu within the Municipality. Such or-
dinance may be aduptcd, arriended, repealed or abc*1# ^l1tY10 nduvwsyi
readopts-1 at any tune during the term or this fran-
chine.The fee,if required,sired t-e effective c.10 clays
after written nt,tice of the or.irnance to the Company.
No such fee shall be effortivc as to sales made Im,fOre
January 1,1984.The fie shall be separately stated on
gas bill_ rendered to customers within the y
l►lttniripality. BY� -. ..._,__ __._ .,.__.. -
2.5. Pabdcation Fsp'nse. The expense of publica-
tion of this ordinance shall be paid by the Company. Publisher Fs Editor
2.6.LXfault.If the Con-pony is in default in the per- I
fonnasce cif any material part of tfus franchise fur II j
more than 90 dnys after rrceivtng written notice t
from the Muincipaut y of such default,the filunictpal Subscribed and sworn to before me
Council inay, by onluiance, terminate all rights
granttd hereunder to tfh" C'ow,,rtm ne netwe of Q
default shall be in w•rilin u:uf ahail r f>t city lhr provi- this_ d ._..day of May 1i.84..
sioru of this (ranchos under which the default is
claimed and stnte the bases therefor. Such notice
stall tie_ served or- the C:tur)pany by personally
deliveruig it to an i,fhc•er Vwreof at it.'t principal It Ijt\
plAre of bu•tunrm in V;ir:nr •.its.
►f the Company is in 0._*fuulr as to any part of this N ry ilc
f.rvwhisc, the sturueip"itt, m:ty, utter reasonable
notice to the C'omp.tnj .t,7.; the fmlure of the Com-
pony to cure the def:w!t r,ith,-n a reasorutbie time,
Ulu,Yhu:C0!),i:t1t;action '.11real ae3rby the hdefautt, and Ule aoa.r��+rr.rr»rr,r+ilJr+ c, �•r• .� i
It*"!,to rru:Aht.rw' the MUMCrpahty for
1 i ra:.ul tilt t-c.a,U unA fnr itx cudtx of cUUevUon. h
inclr„lung attorney feem. +�► N
Nothing in thus section shall bar the Company from
challenging the Municipality's claim that a default
has occurred.In the event of disagreement over the
existence of a default, the burden of proving the i
default shall be on the Municipality,
i rIr IN t WN i t,, : OF Vsl
►� f�f f u1 t tit AhA1,1h[y djtlr n-
t nd
ryt 7r31t t>q (1•141
eix` I►,t',tlett, i
strict Spy ,1„• rut t4a., unv ,n nil ,en\-
n.,.,arr nr unnevesxarily Interfere with ilia•usual and