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Home My WebLink About0247 ORDINCANCE NO 247 AN ORDINANCE GRANTING MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO U5E THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY OF LAKEVZLLE, MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF The City Council of the City of Lakeville ordains: Section 1. Definitions. The following terms shall mean; A. Company. Minnegasco, Inc., a Minnesota corporation, its successors and assigns. B. Gas. Natural gas, manufactured gas, a mixture of natural gas and manufactured gas or other forms of gas energy. C. City means the City of Lakeville and its territorial boundaries. Section 2. Grant of Franchise. A. There is hereby granted to the Company for a period of twenty five (25) years the right to manufacture, import, transport, sell and distribute gas energy for public and private use within the City, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the streets, alleys, public ways and public grounds of the City, 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 the provisions of this franchise. B. Effective Date. This franchise shall be in force and effect sixty (60) days from and after its passage and publication as required by law and upon its acceptance in writing by the Company. Said acceptance shall be filed with the City Clerk. C. Non-exclusive Franchise. This is not an exclusive franchise, and the City reserves the right to grant additional franchises as it may deem appropriate. Section 3. Conditions of Street Use. A. Use of Streets. All utility facilities and equipment of the Company shall be located, constructed, installed and maintained as not to endanger or unnecessarily interfere with .Y 5% of its gross oper"ating revenues within the City. A determination of the City to require the payment of such sums, within the limits hereinbefore provided, shall be made by City Council ordinance. Such ordinance may be adopted at any time during the term of this franchise and may be amended, repealed or readopted at any time during the term of this franchise. The fee, if required, shall be effective ninety (90) days after written notice of the ordinance to the Company. Section 6. Termination of Franchise. If the Company shall be in default in the performance of any of the material terms and conditions of this franchise for more than ninety (90) days after receiving written notice from the City of such default, the City Council may, by ordinance duly passed and adopted, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and specify the provision of this franchise under which the default is claimed and state the basis therefor upon all material issues relative to such default. Such notice shall be served on the Company by certified mail addressed to the President of Gas Operations at the Company's principal place of business. Section 7. Publication Expense. The expense of publication of this franchise ordinance shall be paid by the Company. Section 8. Ordinance Repealed. All other ordinances or portions of ordinances inconsistent herewith are hereby repealed. Section 9. Assignment. The Company, upon notice to the City, shall have full right and authority to assign all rights conferred upon it by this franchise ordinance to any person, persons, firm or corporation. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this ordinance. Section 10. Change in Form of Government. Any change in the form of government of the City shall not affect the validity of this franchise. Any governmental unit succeeding the City shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the City provided in this franchise. Passed and duly adopted this 4t day of June 1984, by the City Council of the City of Seville. ~t'~Y' „ ~ ril__ D ne Zaun, or ATTE r / Patrick E. McGar e Cle PUBLIC NOTICE ORDINANCE NO. 247 AN ORDINANCE GRANTING MINNEGASGO, INC., A MINNESOTA CORPORATION, ITS SUC- CESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, 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 STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY OF LAKEVILLE, MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The City Council of the City of Lakeville or- dains: Union 1. Definitions. The following terms shall mean; A. Company. Minnegasco, Inc., a Min- nesota corporation, its successors and assigns. B. Gas. Natural gas, manufactured gas, a mixture of natural gas and manufactured gas or other forms of gas energy. C. City means the City of Lakeville and its territorial boundaries. ' Section 2. Grant of Franchise. A. There is hereby granted to the Company for a period of twenty five (25) years the right to manufacture, import, transport, sell and distribute gas energy for public and private use within the City, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the streets, alleys, public ways and public grounds of the City, all facilities and equip- ment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives subject to the provisions of this franchise. B. Effective Date. This franchise shall be in force and effect sixty (60) days from and after its passage and publication as required by law and upon its acceptance in writing by the Company. Said acceptance shall be filed with the City Clerk. C. Non-exclusive Franchise. This is not an exclusive franchise, and the City reserves the right to grant additional franchises as it may deem appropriate. Section 3. Conditions of Street Use. A. Use of Streets. All utility facilities and iiPet•d o1 suc•ii dentilt7ttie city i oant may, by ordinance duly passed and adopted, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and specify the provision of this fran-' chise under which the default is claimed and state the basis therefor upon all material issues relative to such default. Such notice .. shall be served on the Company by certified mail addressed to the President of Gas Operations at the Company's principal place of business. Section 7. Publication Expense. The ex- pense of publication of this franchise or- dinance shall be paid by the Company. Section 8. Ordinance Repealed. All other or- dinances or portions of ordinances inconsis- tent herewith are hereby repealed. Section 9. Assignment. The Company, upon notice to the City, shall have full right and authority to assign all rights conferred upon ,it by this franchise ordinance to any person, persons, firm or corporation. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provi- sions of this ordinance. Section 10. Change in Form of Government. Any change in the form of government of the City shall not affect the validity of this fran- chise. Any governmental unit succeeding the City shall, without the consent of the Com- pany, automatically succeed to all of the rights and obligations of the City provided m this franchise. Passed and duly adopted this 4th day of June, 1984, by the City Council of the City of Lakeville. DUANE ZAUN Mayor • ATTEST: PATRICK E. McGARVEY Clerk 914 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS County of Dakota ) 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 331.02, 331.06, and other applicable laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once seal. week; for succi reeks; it was first published on Thursday, the 1 `day of V e 196 l , and was thereafter printed and published on every Thursday to and including Thursday, the day of , 19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklm nopgrstuvwxyz BY: (-11 CCS- C r7 / :f TITLE: Secretary to the Publisher Subscribed and sworn to before me on this T day of -11C- rve. , 19 Notary ublic ;;� CAROL J. HAVERLAND t . NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My Commission Expires Dec. 3, 1989