HomeMy WebLinkAbout0311 Ordinance No. 311
An Ordinance of theCiq~of Lakeville ,Minnesota granting to
Peoples Natural Gas Comparry, Division d UtiGCorp United Inc., its lessees, suaessors and assigns a ran•e:dusive authorigr for a
period of twenty-five (25) years to erect, maintain and operate, a gas distribution system and any and ag necessary mains, pipes,
services and other appurtenances thereuMO appertaining in, upon, over, across and akmg the sVeets, alleys, bridges, and pubge
places of the said City, and for the transmission, distribution and sale of natural and/or mixed gas for lighting, heating, industrial and all
other uses and purposes in said City and for the purpose of Vansmitting, transporting and conveying such gas into, through or beyond
the immediate limits of said City to other dtiea, tows and customers, and prescribing the terms and conditions under which the said
Comparryr is to operate, and repealing Ordinance No. 111 ~ said Cigr.
The City Council of Lakeville Minnesota Ordains:
Section 1
That Peoples Natural Gas Company, Division of Utilit:orp United Inc.,its lessees, successors and assigns, hereinafter referred to
as Grantee, be and are hereby granted a nonexclusive authority for a period of twenty-five (25) years, to erect, construct, maintain
and operate, a gas distribution system and any and all necessary mains, pipes, services and other appurtenances and equipment
thereunto appertaining in, upon, over, across and along the streets, alleys, bridges and public plates in the City of
Lakeville Minnesota for the transmission, distribution and sale of natural and/or mixed gas for lighting, heating,
industrial and all other uses and purposes in said City and for the purpose of transmitting, transporting and conveying such gas iota,
through or beyond the immediate limits of said City to other cities, towns and customers.
Section 2
Whenever the Grantee, in the construction or maintenance of its system or in the installation of any extension thereto, shall wt
into or take up any pavement or shall make any excavation in any street, avenue, alley or public place, within the corporate limits of
the City of Lakeville ,Minnesota the same shall be done in a manner so as not to unreasonably interfere
with the use of such thoroughfares by the public. The Grantee shall use such safeguards as may be necessary to prevent injury to
persons or property during such construction work and upon its completion, all pavement shall be replaced in as good condition as it
was before taken up. All excavations shall be refilled and all obstructions shall be removed at the expense of the Grantee and to the
satisfaction of the Grantor. In the event that the Grantee shall fail to comply with the provisions of this Section after having been
given reasonable notice, the Grantor may do such work as may be needed to properly repair said thoroughfare and the cost thereof
shall be repaid to the Grantor by the Grantee.
Section 3
The Grantee in constructing and maintaining said gas distribution system, and in entering and using said streets, highways,
avenues, alleys and public places in the City of Lakeville ,Minnesota and inlaying and installing its
mains, services, piping, and related appurtenances and equipment, shall not in any manner interfere with or injure any improvement
which said City now has or may hereafter have upon any of its streets, afieys, highways or public places.
Section 4
Grantee agrees for and in behalf of itself, its lessees, successors and assigns, that for and during the term and period of this
grant, it will maintain in the City an adequate, modern, standard and sufficient gas system and equipment and to maintain and
operate the same in a modern and adequate fashion.
Grantee will from time to time during the term of this Ordinance make such enlargements and extensions of its distribution
system as the business of the Grantee and the growth of said City justiry, in accordance with its Rules and Regulations relating to
customer wnnections and main and service line extensions currently in effect and on file from time to time with the Minnesota Public
Utilities Commission or other competent authority having jurisdiction in the premises; provided, however, that no obligation shall
extend to, or be binding upon the Grantee, to construct or extend its mains or furnish natural gas or natural gas service within said
City if Grantee is, for any reason, unable to obtain delivery of natural gas at or nearthe corporate limits of said City or an adequate
supply thereat to warrant the construction or extension of its mains, for the furnishing of such natural gas or gas service; provided,
further, that when the amount of natural gas supplied to Grantee at or near the City limits of said City is insufficient to meet the
additional firm requirements of connected or new consumers, Grantee shall have the right to prescribe reasonable rules and
regulations for allocating the available suppry of natura! gas for such additional firm requirements to residential, commercial and
industrial consumers in that order of priority.
Form 48-4x38 (2186)
y
Section 5
Grantee agrees for and in behaff of itself, its lessees, successors and assigns, that all authority and rights in this Ordinance
contained shall at all times be subject to all rights, power and authority now or hereafter possessed by the City of Lakeville
Minnesota, to regulate the manner in which grantee shall use the streets, alleys, bridges and public places of said City and concerning
the manner in which Grantee shall use and enjoy the franchise herein granted.
Section 6
Grantee shall, at a!! times, maintain an adequate pressure and adequate supply of clean, standard gas otthe British Thermal Unit
heating value of not less than that prescribed in its Rules and Regulations relating thereto in effect and on file from time to time with
the Minnesota Public Utilities Commission or other competent authority having jurisdiction in the premises. Should the British
Thermal Units fall below the limgation set forth in its appropriate Rules and Regulations, the rate then in effect shall be automatically
and correspondingly lowered and reduced during any period or per'ads of time in which such lower British Thermal Unit value shalt
be furnished. The City shall have the privilege of requesting Grantee to furnish satisfactory proof of British Thermal Unit content of
the gas.
Section 7
The Grantee shall hold the Grantor harmless from any and all claims and actions, litigation or damage, arising out of the passage
of this Ordinance or of the construction, erection, installation, maintenance or operation of its properties operated by authority of this
Ordinance within the corporatelimitsoftheCityof Lakeville ,Minnesota or the negligence of its
employees in the operation thereof, including the Court costs and reasonable attorney tees in making defense against such claims. A
copy of the process served upon the Grantor shall be served by the Grantor upon the Grantee. The Grantee shall have the right to
detend in the name of the Grantor and to employ counsel for such purpose.
Section 8
If the Grantee shall be in default in the performance of any of the terms and conditions of this Ordinance and shall continue in
default for morethan thirty (30) days after receiving notice from the City of Lakeville ,Minnesota
of such default, the said City may, by ordinance duly passed and adopted, terminate all rights granted under this Ordinance to the
Grantee. The said notice of default shall specify the provision or provisions in the performance of which k is claimed the Grantee is in
default. Said notice shall be in writing and served in the manner provided by the laws of the State of Minnesota for the service of
original notices in civil actions.
Section 9
The right and authority herein granted shall be nonexclusive and shall be and continue for aperiod oftwenty-rive (25) years from
and after the effective date of this Ordinance.
Section 10
Ordinance No. 111 of the City of Lakeville ,Minnesota is hereby
repealed as of the effective date hereof.
Section it
This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and the acceptance
thereof by the Grantee.
If the Grantee does not within (sixty) 60 days following passage of this Ordinance express in writing its objections to any terms or
provisions contained therein, or reject this Ordinance in its entirety, the Grantee shall be deemed to have accepted this Ordinance
and the terms and conditions of the franchise contained therein.
Passed, adopted and approved this 20th day of April , 19
Mayor
Attest: ~ ~
~ r(Lc
cnr c~ah
Form 48-4438 (Page 2)
PUBUC NOTICE
Oti...ee N. 311
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OWN eashs, w the mid C.ag.q ie l•
- . •.t rq•,bs Oeie•nee N. 111 et ed
clef.
'Meaty C..ea of Lanes, MItee::s.Ord.liea
S•ctN.1
That Peoples Natural Gas Company, Divi-
sion of UtiliCorp United Inc., its lessees, suc-
cessors and assigns, hereinafter referred to
as Grantee, be and are hereby granted a non-
exclusive authority for a period of twenty-
five (23) years, to erect, construct, maintain
and operate, a gas itribution system and
any and all necessary mains, pipes, services
and other apptntewnces and equipcneat
thereunto appertaining in, upon, over,
across and along the streets, alleys, bridges
and public places in the Qty of Lakeville,
Minnesota for the transmission, itribntios
and sale of natural and/or mixed gas for
lighting, heating, industrial and all other
uses and purposes in said city and for the
purpose of transmitting, traorg and
conveying such gas into, throtiO or beyond
the immediate limits of said Qty to other
cities, towmt and customer.
Sen.. 2
Whenever the Grantee, in the canatrnctis
or maintenance of its system err in the in-
stallation of any extension thereto, shall cut
into or take up any pavement or shalt make
any excavation in r pubfic place, within t corporate tea!
arate limits of
the City of Lakeville, Minnesota the same
shall be done m a manner so as not to
unreasonably interfere with the use of such
thoroughfares by the public. The Grantee
shall use such safeguards as may be
necessary to prevent injury to persons or
property during such construction work and
upon its completion, all pavement shall be
replaced in as good eondntion as it was before
taken up. All excavations shall be refilled
and all obstructions shall be removed at the
expense of the Grantee and to the satisfac-
tion of the Grantor. In the event that the
Grantee shall fail to comply with the provi-
sions of this Section atter having been given
reasonable notice, the Grantor may do such
work as may be needed to property repair
said thoroughfare and the cast thereof shall
be repaid to the Grantor by the Grantee
Sods e 3
The Grantee m constructing and maintais-
ing said gas distribution system, and Iss
entering and avenues, alleys pubic said p� in the(Sty
of Lakeville. Minnesota and in laying sod in-
stalling its mains. sevics, piping, and
related appurtenances and equipment, shall
not in any manner interfere with or injure
any improvement which said Qty now has es
may hereafter have upon any of its streets.
ate, highways or
see cc places.:
Grantee agrees for and in behalf of itself.
its lessees, successors and assigns, that for
and during the term and period of this grant,
it will maintain in the City an adequate,
modern, standard and sufficient gas system
and equipment and to maintain and operate
the same in a modern and adequate fashion.
Grantee will from time to time during the
term of this Ordinance make such enlarge.
meets and extensions of its distribution -
system as the business of the Grantee and
(hegrowth of said City justify, in accordance
with its Rules and Regulations relating to
customer connections and main and service
line extensions currently in effect and on file
- from time to time with the Minnesota Public
Utilities Commission or other competent
authority having jurisdiction in the
premiss: provided, however, that no oblige -
1 ion shall extend to, or be binding upon the
Grantee. to construct or extend its mains or
furnish natural gas or natural gas service
within said City if Grantee is, for any reason.
Iunable to obtain delivery of natural gas atyr
. near the corporate limits of said City or an
• adequate supply thereof to warrant the con -
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
County of Dakota
SS
NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and
employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended.
(B) The printed
Le3
which is attached was cut from the columns of said newspaper, and was printed and published once
e sh weldor sucvisbesaweeks; it was
first published on Thursday, the c30 t^ dory of
19 81 , and win thereafter priMwd and published on every Thursday to and inducing
Thursday, the dtry of ,19
and printed below is a copy of the lower case alphabet from A to Z, both indusia, which is hereby
acknowledged an being the sae and kind of type used in the composition and publication of the notice:
abcdefgh jklinnopgsstuvwxyz
TITLE: Seerotary to t�fhehr
Subscribed and swain to before me on Nhis--30 41-% day of Pips ---.1 , 19
Notary Public
CAROL J. HAVERLAND
NOTARY PUBLIC — MINNESOTA
DAKOTA COUNTY
My Commission EirplrN Oro. 3 I$