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Ordinance 008VILLAGE OF CHANHASSEN CARVER COUNTY, MINNESOTA ORDINANCE NO. 8 AN ORDINANCE OF THE VILLAGE OF CHANHASSEN, CARVER COUNTY, MINNESOTA, GRANTING TO THE MINNESOTA NATURAL GAS COMPANY, A MINNESOTA CORPORA- TION, ITS LESSEES, SUCCESSORS, AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO OPERATE A GAS SYSTEM WITHIN THE VILLAGE OF CHANHASSEN AND TO SUPPLY GAS TO THE INHABITANTS THEREOF; AND TO OTHERWISE REGULATE SUCH BUSINESS OPERATIONS. The Council of the Village of Chanhassen ordains: • Section 1. The Minnesota Natural Gas Company, a Minnesota corporation, its lessees, successors and assigns, hereinafter referred to as the Grantee, is hereby granted the non-exclusive right and authority for a period of twenty-five years, but subject hereto, to erect, construct, operate and maintain a gas plant and gas system and any and all necessary mains, pipes, services and other appliances, thereunto appertaining, in, upon, over, across and along the streets, alleys, bridges and public places within the present and future corporate limits of the Village of Chanhassen, Minnesota, for the manufacture and trans- mission and distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and all other uses and purposes, in and beyond said Village; and the Grantee hereby agrees to operate said system and to supply gas for the period of time covered by this franchise. Section 2, The Grantee, its lessees, successors or assigns shall make such reasonable extensions of the mains from time to time as may be necessary thereto; provided, however, that the Grantee, its lessees, successors or assigns shall not be required to make any extensions of its mains for the purpose of serving any new consumer or consumers which shall necessitate the installation • of more than 100 feet of main for each consumer to be served, nor where the estimated revenue to be derived from serving such new consumer or consumers is insufficient to show an adequate return upon the total investment required to serve such new consumer or consumers. Section 3. The Grantee agrees for and in behalf of itself, its lessees, successors and assigns that all authority and right in this Franchise contained shall at all times be subject to all right, power and authority now or hereafter possessed by the said Village of Chanhassen, or any other regulatory tribunal having jurisdiction thereover to regulate, fix and control just, reasonable, and compensatory gas rates, and to regulate, control and direct the manner in which the Grantee, its lessees, successors and assigns shall use the streets, alleys, bridges and public places in said Village of Chanhassen. Section 4. When the Grantee, its lessees, successors or assigns shall do work of construction, maintenance or repair of its system in any street, alley, highway, bridge or other public place in said Village of Chanhassen, or any pavement, curbing or gutter therein shall be excavated in the course of • such work, the Grantee, its lessees, successors and assigns shall promptly and at its or their own expense make all repairs and restorations made necessary thereby; so that, said street, alley, highway, bridge or any other public place, shall be restored to as good a condition as it was before the said work was done and as approved by the Village Engineer. • 0- 0 Page 2 Section 5. The Grantee, for itself and its lessees, successors and assigns, agrees that while the term hereof continues, it will at all times save, protect, indemnify and hold harmless the said Village of Chanhassen from any and all claims, obligations, liabilities or judgments, legally established, arising, growing out of or flowing from the Construction, operation and main- tenance of the said gas plant and gas system by the Grantee, its lessees , successors or assigns , and due to or caused by the fault or negligence of the grantee. Section 6. The right and authority herein granted shall be non-exclusive and shall be subject to all regulatory powers which the said Village of Chan- hassen possesses and shall continue for the period of twenty-five years (except as herein otherwise stated) from ,and after the date of this franchise goes into effect under Section 11 hereof. Section 7. The Village Council of the Village of Chanhassen at the end of any period of five years from the effective date of this ordinance, when autho- rized so to do by a two-thirds majority of the votes cast upon the question, may acquire and thereafter operate said gas plant and gas system, and all mains, pipes, services and other appliances thereunto appertaining which shall have been constructed, installed, operated and maintained by said grantee, its lessees, successors or assigns, upon paying to said grantee, its lessees, successors or assigns the value of said property, to be ascertained in the manner provided by law for acquiring property under the right of eminent domain, upon petition of its governing body. Such vote shall be taken at a special election called for that purpose, and held within three months next preceding the expiration of said five- year period. The consideration for such works or property shall first be applied to the payment of any encumbrance thereon, and the remainder, if any, shall be paid to said grantee, its lessees, successors or assigns. Section 8. No sale, assignment or lease of this franchise shall be effective until the council shall have approved the same and until the vendee, assignee or lessee shall have filed in the office of the Village Clerk an instru- ment, duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of the franchise and agreeing to perform all the conditions thereof. Section 9. The violation by the grantee, its vendee, assignee, lessee or successor of the provisions of this franchise or any material portions thereof, or the failure promptly to perform any of the provision thereof, shall be cause for the forfeiture of this franchise and all rights hereunder by resolution of the municipality after reasonable written notice to the company, and continuation of such violation, failure or default. Section 10. All other ordinances or portions of ordinances inconsistent herewith are hereby repealed. Section 11. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and upon the written acceptance hereof by the Minnesota Natural Gas Company, a Minnesota corporation, and thereafter shall be binding on the Minnesota Natural Gas Company, its • • • ISO 6 Page 3 successors and assigns. The Minnesota Natural Gas Company shall within 90 days after the passage of this Ordinance, file with the Village Clerk of the Village of Chanhassen, Minnesota, its acceptance in writing signed by its proper officers, and attested by its corporate seal. The Grantee may termi- nate this Ordinance at any time after such acceptance by filing a written surrender thereof with the Village Clerk of said Village. Passed by the Council this 9th day of October " MAYOR ATTEST: C rk 1967. Village of Chanhassen Carver County, Minnesota ORDINANCE NO. 8 An Ordinance of the Village of Chanhassen, Carver County, Minnesota, Granting to the Minnesota Natural Gas Com- pany, a Minnesota Corporation, its Lessees, Successors, and As- signs, a Non -Exclusive Fran- chise to Operate a Gas System Within the Village of Chanhas- sen and to Supply Gas to the Inhabitants Thereof; and to Otherwise Regulate Such Busi- ness Operations. The Council of the Village of Chanhassen ordains: Section 1. The Minnesota Na- tural Gas Company, a Minnesota I corporation, its lessees, successors and assigns, hereinafter referred to as the Grantee, is hereby granted the non-exclusive right and authority for a period of twenty-five years, but subject hereto, to erect, construct, 'op- erate and maintain a gas plant and gas system and any and all necessary mains, pipes, services and other appliances, thereunto appertaining, in, upon, over, across and along the streets, al- leys, bridges and public places within the present and future corporate limits of the Village of Chanhassen, Minnesota, for the ,manufacture and transmission and distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domes- tic, industrial and all other uses and purposes, in and beyond said Village; and the Grantee hereby agrees to operate said system and to supply gas for the period of time covered by this franchise. Section 2. The Grantee, its lessees, successors or assigns shall make such reasonable ex- tensions of the mains from time to time as may be necessary thereto; provided, howevc.r, that the Grantee, its lessees, success- ors or assigns shall not be re- quired to make any extensions of its mains for the purpose of serv- ing an new consumer or con- sumers which shall necessitate the installation of more than 100 feet of main for each consumer to be served, nor where the estimated revenue to be derived from serv- ing such new consumer or con- sumers is insufficient to show an adequate return upon the total investment required to serve such new consumer or consumers. Section 3. The Grantee agrees for and in behalf of itself, its lessees, successors and assigns' that all authority and right in this Franchise contained shall at all times be subject to all right, power and authority now or here- after possessed by the said Vil- lage of Chanhassen, or any oth- er regulatory tribunal having jurisdiction thereover to regulate, fix and control just, reasonable, and compensatory gas rates, and to regulate, control and direct the manner in which the Grantee, its lessees, successors and assigns shall use the streets, alleys, bridges and public places in said Village of Chanhassen. operated and maintained by said grantee, its lessees, successors or assigns, upon paying to said grant-, ee, its lessees, successors or as- signs the value of said property, to be ascertained in the manner provided by law for acquiring property under the right of emi- nent domain, upon petition of its governing body. Such vote shall be taken at a special election called for that purpose, and held within three months next preced- ing the expiration of said five- year period. The consideration for such works or property shall first be applied to the payment of any encumbrance thereon, and the re- mainder, if any, shall be paid to said grantee, its lessees, succes- sors or assigns. Section 8. No sale, assignment or lease of this franchise :hall be effective until the council shall have approved the same and un- til the vendee, assignee or lessee shall have filed in the office of the Village Clerk an instrument, duly executed, reciting the fact of such sale, assignment or lease, ac- cepting the terms of the franchise and agreeing to perform all the conditions thereof. Section 9. The violation by the grantee, its vendee, assignee, les- see or successor of the provisions of this franchise or any material portions thereof, or the failure promptly to perform any of the provision thereof, shall be cause for the forfeiture of this franchise and all rights hereunder by res- olution of the municipality after reasonable written notice to the company, and continuation of such violation, failure or default. Section 10. All other ordi- nances or portions of ordinances inconisistent herewith are hereby repealed. Section 11. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and upon the written acceptance hereof by the Minnesota Natural Gas Company, a Minnesota cor- poration, and thereafter shall be binding on the Minnesota Natural Gas Company, its successors and assigns. The Minnesota Natural Gas Company shall within 90 days after the passage of this Or- dinance, file with the Village Clerk of the Village of Chanhas- sen, Minnesota, its acceptance in writing signed by its proper offi- cers, and attested by its corpo- rate seal. The Grantee may ter- minate its Ordinance at any time after such acceptance by filing a written surrender thereof with the Village Clerk o fsaid Village. j Passed by the Council this 9th day of October, 1967. Eugene A. Coulter Mayor ATTEST: Kay Klingelhutz Clerk (E 10/19/67) 1 Section 4. When the Grantee, its lessees, successors or assigns shall do work of construction, maintenance or repair of its sys- tem in any street, alley, highway, bridge or other public place in said Village of Chanhassen, or any pavement, curbing or gutter, therein shall be excavated in the course of such work, the Grantee, its lessees, successors and assigns shall promptly and at its or their own expense make all repairs and restorations made necessary thereby; so that, said street, alley, highway, bridge or any other public place, shall be restored to 6 as good a condition as it was be- fore the said work was done and as approved by the Village En- gineer. Section 5. The Grantee, for it- self and its lessees, successors and assigns, agrees that while the term hereof continues, it will at all times save, protect, indemnify and hold harmless the said Vil- lage of Chanhassen from nny and all claims, obligations, liabilities or judgments, legally established, arising, growing out of or flowing from the Construction, operation and maintenance of the said gas plant and gas system by the Grantee, its lessees, successors or assigns, and due to or caused by the fault or negligence of the grantee. Section 6. The right and au- thority herein granted shall be non-exclusive and shrill. be sub- ject to all regulatory powers which the said Village of Chan- hassen possesses and shall con- tinue for the period of twenty- five years (except as herein oth- erwise stated) from and after the date of this franchise goes into effect under Section 11 hereof. Section 7. The Village Council of the Village of Chanhassen at the end of any period of five years from the effective date of this or- dinance, when authorized so to do by a two-thirds majority of the votes cast upon the question,. may acquire and thereafter oper- ate said gas plant and gas sys- tem, and all mains, pipes, serv- ices and other appliances there- unto appertaining which shall! have been constructed, installed,