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Home My WebLink About0111 l ORDINANCE N0. 111 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF LAREVILLE, MINNESOTA, GRANTING TO NORTHERN NATURAL GAS COMPANY, A CORPORATION, (OPERATING AS PEOPLES NATURAL GAS DIVISION), ITS LESSEES, SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE AUTH- ORITY FOR A PERIOD OF TEN (10) YEARS TO ERECT AND MAINTAIN A GAS PLANT AND/OR ..GAS SYSTEM AND ANY AND ALL NECESSARY MAINS, PIPES, SERVICES AND OTHER-APPLIANCES THEREUNTO APPERTAINING IN, UPON, OVER, ACROSS AND A- LONG THE STREETS, ALLEYS, BRIDGES, PUBLIC PLACES OF THE CITY OF T.AKR- VILLE, MINNESOTA, FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF NATUR- AL GAS FOR HEATING, INDUSTRIAL AND ALL OTHER USES AND PURPOSES IN SAID CITY AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE SAID COMPANY IS TO OPERATE. The City Council of the City of Lakeville ordains as follows: Section 1. That Northern Natural Gas Company, a corporation, (operating as PEOPLES NATURAL GAS Division), its lessees, successors and assigns, hereinafter referred to as grantee, be and are hereby granted a non-exclusive authority for a period of ten (10) years, to erect and maintain a gas plant and/or gas system and any and all necessary mama, pipes, services and other appliances thereto apper- taining in, upon, nver, across and along the streets, alleys, bridges and public places in the City of Lakeville, Minnesota, for the transmission, distribution and sale of natural gas for heating, industrial and all other uses and purposes in said City. Section 2. Whenever the grantee, in the construction or maintenance of its system or in the installation of any extension thereto, shall cut into or take up any pavement or shall make any excavation in any street, avenue, alley or public places, within the corporate limits of the Citq, the same shall be done in a manner so as not to 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 comple- tion, 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. Zn 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 erecting and maintaining said gas distri- bution system, and in entering and using said streets, highways, avenues, alleys and public places in said City and in laying its gas equipment, shall not in any manner interfere with or injure any improvement which said City of Lakeville, Minnesota, now has or may hereafter have upon any of its streets, alleys, high- 1 ways, 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 of Lakeville, Minnesota, an adequate, modern, stan- dard and sufficient gas system and equipment and to maintain and operate the same in a modern and adequate fashion and in a manner adequate to meet the neces- sities and requirements of the City of Lakeville, its industries and inhabitants; provided, however, that Grantee shall not be required to extend its gas distribu- tion system more than 100 feet for each customer to be served from any extension thereof, and provided further, 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 near the corporate limits of said City or an adequate supply thereof 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 connect- ed or new consumers, Grantee shall have the right to prescribe reasonable rules and regulations for allocating the available supply of natural gas for such addi- tional firm requirements to domestic, commercial and industrial consumers in that order of priority. Section 5. Grantee agrees for aalin behalf of itself, its lessees, successors and assigns that all authority and rights in this ordinance contain- ed, shall at all times be subject to all rights, power and authority now or here- after possessed by said 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 fran- chise herein granted. Section 6. The grantee shall, at all times, maintain an adequate pressure and adequate supply of clean, standard gas of the British Thermal Unit heating value of not less than nine hundred (900) British Thermal Units per cubic foot of gas. Should the British Thermal Units fall below nine hundred (900), the rate then in effect shall be automatically and correspondingly lowered and reduced during any period or periods of time in which such lower British Thermal Unit value shall be furnished. 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 -2- Ordinance or of the construction, erection, installation, maintenance or operation of its properties operated by authority of this ordinance within the corporate limits of the City or the negligence of its employees in the operation thereof, including the Court costs and reasonable attorney fees 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 defend in the name of the grantor and to employ° counsel for such purposes. Section 8. The grantee shall not be required to extend its gas dis- tribution system more than one hundred (100) feet for each customer to be served from any such extension thereof. Section 9. If the grantee shall be in default in the performances of any of the terms and conditions of this ordinance and shall continue in default for more than thirty days after receiving notice from the City Council of such de- fault, the City Council 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 it is claimed the grantee is in default. Said notice shall be writing and served in the manner provided by the laws of Minnesota for the service of original notices in civil actions. Section 10. The right and authority herein granted shall be non-exclu- sive and shall be and continue for a period of ten (10) years from and after the date of the legal enactment of this ordinance and the acceptance thereof by the grantee. Section 11. 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. Passed, adopted and. approved this 19th day of Septembernf, 1977Q~~ ~~WV~ w LV ` ~ / / '~J Edward J. Mako, ayor ATT ~i i i ~ ' Z ~ C~ti.z~.~°c. ~ t / Patrick E. McGarvey; ity C k -3- ORDINANCE NO. 111 CITY OF LAKEVILLE DAKOTA COUNTY. MINNESO, A AN ORDINANCE OF THE CITY OF LAKEVIL- LE, MINNESOTA, GRANTING TO NORTHERN NATURAL GAS COMPANY, A CORPOR— ATION, (OPERATING AS PEOPLES NATUR- AL GAS DIVISION), ITS LESSEES. SUCCES- SORS AND ASSIGNS, A NON-EXCLUSIVE AUTHORITY FOR A PERIOD OF TEN (10) YEARS TO ERECT AND MAINTAIN A GAS PLANT AND/OR GAS SYSTEM AND ANY AND ALL NECESSARY MAINS. PIPES. SERVICES AND OTHER APPLIANCES THEREUNTO AP- PERTAINING IN, UPON, OVER, ACROSS AND ALONG THE STREETS. ALLEYS, BRIDGES. PUBLIC PLACES OF THE CITY OF LAKE- VILLE, MINNESOTA, FOR THE TRANSMIS- SION, DISTRIBUTION AND SALE OF NATUR- AL GAS FOR HEATING, INDUSTRIAL AND ALL OTHER USES AND PURPOSES IN SAID CITY AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE SAID COMPANY IS TO OPERATE. The City Council of the City of Lakeville ordains as follows: Section 1. That Northern Natural Gas Company, a corporation, (operating as PEOPLES NATURAL GAS Division), its lessees, successors and assigns, hereinafter referred to as grantee, be and are hereby granted a non-exclusive authority for a period of ten (10) years, to erect and maintain a gas plant and/or gas system and any and all necessary mains, pipes, services and other ap- pliances thereto appertaining in• upon, over, across and along the streets, alleys, bridges and public places in the City of Lakeville, Minnesota, for the transmission, distribution and sale of natural gas for heating, industrial and all other uses and purposes in said City. Section 2. Whenever the grantee, in the construc- tion or maihtenance of its system or in the in- stallation of any extension thereto, shall cut into or take up any pavement or shall make any ex- cavation in any street, avenue, alley or public places, within the corporate limits of the City. the same shall be done in a manner so as not to inter- fere 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 !goon its completion, all pavement shall be replaced (e zs good condition as it was before taken up. All ex- cavations shall be refilled and all obstructions shall be removed at the expense of the grantee an tc 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. The Lakeville Times (Affidavit of Publication) Box K Lakeville, Mn. 55044 S a ci h B STATE OF MINNESOTA COUNTY OF DAKOTA SS Rick Adelman, being duly sworn, on oath says he is and during all times herein stated has been the publisher and printer of the newspaper known as THE LAKEVILLE TIMES and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news column devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and adver- tisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 240 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second class -matter in its local post - office. (5) Said newspaper purports to serve the Village of Lakeville in the County of Dakota and it has its known office of issue in the City of Lakeville in said county, established and open during its regular business hours for the gather- ing of news, sale of advertisements and sale of subscriptions and maintained by the publisher or persons in his employ and subject to hs direction and control dur- ing all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at (east two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by publisher of said news- paper and sworn to before a notary public stating that the news- paper is a legal newspaper. (9) Said newspaper was on May 20, 1965 qualified as a medium of official and legal publication and has continually thereafter met the foregoing conditions. h l He further states on oath that the printed G1✓ i{1,1Aai't 170_ I hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week C; .` successive weeks that was first so j 19 published onaw Y the day of day of ,19_ and that was thereafter printed and published on ! ' eluding the day of ; rr- t every D &iy-" to and in- , 19L7and that the following is a printed copy of the lower case alphabet fromA to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to - wit: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to befog me this ` day of -a-,19 7!7 ` liii t R4 --.. i' tQCP'1btari eafiCKEL -�. r xr t.....I,�i�:SpTA i...;-�iMMrso • CO 4, 1 r 4zrHea p:- TY _fit. 18; tgg3 `NOTARY Public, Dakota County, Mn. My Commission expires