6. Minnegasco Franchise agreement CITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
• (612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: August 18, 1992
1 SUBJ: Review Draft of the Minnegasco /City Franchise Agreement J
This item is being presented for Council information. Staff is currently in negotiations with
Minnegasco regarding renewal of their franchise with the city which expires in October. Given
' the Mayor's extensive background in similar franchise agreements /negotiations, Don has agreed
to help in that process. The attached document represents an initial draft. Also attached is the
existing ordinance (original/existing franchise).
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1 tot PRINTED ON RECYCLED PAPER
11 DRAFT
ORDINANCE NO.
CITY OF CHANHASSEN, CARVER COUNTY, MINNESOTA
An ordinance granting Minnegasco, a division of Arkla, Inc., a
Delaware corporation, its successors and assigns, a nonexclusive
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
public ground of the City of Chanhassen, Minnesota for such
purposes; and prescribing certain terms and conditions thereof.
' THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. DEFINITIONS. The following terms shall mean:
1.1. Company. Minnegasco, a division of Arkla, Inc., a
' Delaware 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 Chanhassen, the
Council of the City of Chanhassen, and the Clerk of the City of
Chanhassen.
' 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, for a period of 20 years, the right to import,
manufacture, transport, distribute and sell gas for public and
private use in the Municipality. For these purposes, and in order
to maintain the integrity and efficient operation of the •
Company's gas system in the municipality and other areas served
by the Company, the Company is granted the right 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 applicable ordinances, permit
procedures, customary practices, and the provisions of this
franchise. The Company, its employees and sub - contractors shall
be deemed qualified to perform all work necessary to construct,
operate, repair and maintain its gas system in the Municipality,
including emergency repairs for customers necessary to restore
their use of the natural gas system, if they meet all regulatory
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and licensing standards established by the State of Minnesota,
and the Municipality shall not impose regulatory or licensing II standards stricter than those established by the State.
2.2. Effective Date; Written Acceptance. This franchise II 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 20 days after
publication.
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2.3. Nonexclusive Franchise. This is not an exclusive
franchise. If the Municipality intends to grant a franchise to II another gas utility, however, it shall provide the Company with -
written notice at least 30 days in advance of granting that
franchise.
2.4. Publication Expense. The expense of publication of I
this ordinance shall be paid by the Company.
2.5. Default. If the Company is in default in the 1
performance of any material part of this franchise for more than
90 days after receiving written notice from the Municipality of II such 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
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basis therefor. Such notice shall be served on the Company by
personally delivering the notice to an officer thereof at its
principal place of business in Minnesota. 1
If the Company is in default as to any part of this
franchise, the Municipality may, after reasonable notice to the II Company and the failure of the Company to cure the default within
a reasonable time, take such action as may be reasonably
necessary to abate the condition caused by the default, and the
Company agrees to reimburse the Municipality for all its 1
reasonable costs.
• Nothing in this section shall bar the Company from I
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 default shall be on the Municipality.
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SECTION 3. CONDITIONS OF USE.
3.1. Use of Public Ground. All utility facilities and
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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 11 Ground, and shall be subject to those permit conditions the
Municipality has adopted for all utilities.
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' 3.2. Restoration. Upon completion of any work requiring
the opening of any Public Ground, the Company shall restore the
opening to as good condition as formerly, insofar as reasonably
possible. The restoration shall be completed as promptly as
' weather permits, but if the Company shall not promptly perform
and complete the work, the Municipality shall have the right to
do so at the expense of the Company; and the Company shall, upon
demand, pay to the Municipality the reasonable cost of the work
performed by the Municipality.
' 3.3. 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
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 (30) 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.
' 3.4. 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 3.3, the Company need not relocate until
the reasonable cost of relocating and the loss and expense of
relocating resulting from such relocation are first paid to the
Company. When the vacation is for the sole benefit of the
Municipality in the furtherance of a public purpose, the Company
shall relocate at its own expense.
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3.5. Street Imtorovements. 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
sufficient 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 Company deems necessary.
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.
If a claim or action shall be brought against the
Municipality under circumstances where indemnification applies,
the Company, at its sole cost and expense, shall defend the
Municipality 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 Municipality 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.
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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 Municipality shall, without the
consent of the Company, automatically succeed to all of the
rights and obligations of the Municipality provided in this
' franchise.
SECTION 7. SEVERABILITY.
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 any case of notice to the Company, it is delivered to
Minnegasco, attention Vice President, Minnesota Operations
Division, 201 South Seventh Street, Minneapolis, Minnesota 55402;
' and, in the case of the Municipality, it is delivered to
Chanhassen.
Passed and approved 19
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Mayor of the City of Chanhassen, Minnesota
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1 ATTEST:
1 City Clerk of Chanhassen, Minnesota
' KR:ks \KR \CHANHASS.FRN
7/7/92
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Form 1.
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STATE OF MINNESOTA ) �� 1
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COUNTY OF CARVER
I, the undersigned Village Clerk of the Village of Chanhassen,
Minnesota, do hereby certify hat the within d hereto
y an attached copy of
Ordinance is a true and correct copy of Ordinance No. 8 of the Village 1
of Chanhassen, Minnesota, adopted Ccto ?per 9 , 1967, as such
appears on file and of record in the office of the Village Clerk of Chanhassen
and that said Ordinance was duly filed with me on this 9;h day of
Ccto -.er , 1967.
/r ' Clerk 1
SEAL
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VILLAGE OF CHANHASSEN
CARVER COUNTY, MINNESOTA
ORDINANCE NO. 8
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AN ORDINANCE OF THE VILLAGE OF CHAN HASSEN, CARVER COUNTY,
MINNESOTA, GRANTING TO THE MINNESOTA NATURAL GAS COMPANY, A
' MINNESOTA CORPORATION, ITS T.FSSEES, 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:
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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 ap-
pliances, 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 transmission
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 serv-
ing 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 pave-
ment, 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
' r-vtu expensf eke - I - - -+r . el:toratiolas made us e:: _ -
1 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 wag done and as approved
by the Village Engineer.
Section 5. The Grantee, for itself and its lessees, successors and as-
signs, ag*Pcs that while the teiui hereof continues, it will at all times save, pro-
tect, indemnify and hold h4 unless the said Village of Chanhassen from any and
all claims, obligations, lia1 ilii-ies or judgments, legally established, arising,
growing out of or flowing fro the construction, operation and maintenance of the
said gas plant and gas system by the Grantee, its lessees, s!!ev essors or assigns,
and due to or caused by the fault Or negligence of the Grantee.
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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 Chanhassen
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 authorized
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, ser-
i vices 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 '
1 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
1 any encumbrance thereon, and the remainder, if any, shall be paid to said Grantee,
its lessees, successors or assigns. _
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4 Section 8. No sale, assignment or lease of this franchise shall be effec-
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tive 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 instrument, 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
1 the failure promptly to perform any of the provision thereof, shall be cause for
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the forfeiture of this franchise and all rights hereunder by resolution of the muni-
1 cipality after reasonable written notice to the company, and continuation of such
1 violation, failure or default. I
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( Section 10. All other ordinances or portions of ordinances inconsistent
herewith are hereby repealed.
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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 there-
after shall be binding on the Minnesota Natural Gas Company, its successors and I
assigns. The Minnesota Natural Gas Company shall within 90 days after the pas-
sage 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 terminate this ordinance at any time after
such acceptance by filing a written surrender thereof with the Village Clerk of said
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Village.
Passed by the Council this 9th day of October, 1967. 1
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ATTEST:
1- illag4 Clerk
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� Form 3.
1 ACCEPTANCE OF ORDINANCE
KNOW ALL MEN BY THESE PRESENTS: That Whereas the Village Council
of the Village of Chanhassen, Minnesota, did on the 9th d of October
1967, A.D. pass, adopt and approve an Ordinance designated as Ordinance No. 8
which Ordinance is entitled: AN ORDINANCE OF THE VILLAGE OF CHANHASSEN,
I CARVER COUNTY, MINNESOTA, GRANTING TO THE MINNESOTA NATURAL
GAS COMPANY, A MINNESOTA CORPORATION, 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 INHABI-
1 1 TANTS THEREOF; AND TO OTHERWISE REGULATE SUCH BUSINESS OPERATIONS.
And whereas the said Ordinance has been duly enacted according to law and is now
in full force and effect.
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I - NOW, THEREFORE, the Minnesota Natural Gas Company, a Minnesota
Corporation, for itself and its successors and assigns does hereby accept the
above entitled Ordinance and all the terms and conditions thereof, and does hereby
agree with the said Village Council of Chanhassen, that it or its successors in in-
' terest will at no time institute legal proceedings to question the validity of said
above entitled Ordinance, or the right and power of the Village Council of the
Village of Chanhassen to enact said Ordinance.
I IN WITNESS WHEREOF the said Minnesota Natural Gas Company has
1 caused this instrument to be executed in its name and behalf by its duly authorized
officials and its corporate seal to be affixed this 27th day of October , 1967, A. D.
1 IN PRESENCE OF: MINNESOTA, N • T ' _ GAS COMPANY
1:&,----i ii..,„_._,L) BY I-- if •
i _ • s • ent
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. , r i:r Waik
.cam_ _ /� c �_t Attest: //�/?'gai
I Its Secre! ry
STATE OF MINNESOTA )
I COUNTY OF HENNEPIN ) ) SS
I On this 27th day of October , 1967, before me a Notary
Public within and for said County, personally appeared D. J. Reimers and M. E.
Stewart to me personally known, who, being each by me duly sworn they did say
that they are respectively the President and the Secretary of the corporation named
I in the foregoing instrument, and that the seal affixed to said instrument is the cor-
porate seal of said corporation, and that said instrument was signed and sealed in
behalf of said corporation, duly authorized and said D. J. Reimers and M. E.
Stewart acknowledged said instrument to be the free act and deed of said corporation.
c, . C r , .
soN swum. soon Pub*. *wpm cam a
1 1 a1' Ccmn,i- , iv0 .. bF 1!, LEA -0.
The above acceptance by the Minnesota Natural Gas Company of Ordinance No. "V
of the Village of Chanhassen, Minnesota, filed and recorded in the office of the
1 f Village Clerk of the Village of Chanhassen this �7 day of 722,,,f,�/, ._„ , 1967.
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SEAL
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4 MINUTES OF COUNCIL MEETING Form 2
a Minutes of the Proceedings of the Village Council of the Village of Chanhassen,
Carver County, Minnesota, including all accounts audited by said Council on II October 9 . 1967.
ORDINANCE No. 8
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An Ordinance of the Village of Chanhassen, Carver County, r:innesota, granting
to the Minnesota Natural Gas Company, a Minnesota Corporation, its lessees,
successors, and assigns, a non- exclusive franchise to operate a gas system
1 within the Village of Chanhassen and to supply gas to the inhabitants thereof;
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i and to otherwise regulate such business operations.
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ATTEST: l �na/L.
May or
Pr :dent of the Council I
47/7
Cle i
CERTIFICATE I
STATE OF MINNESOTA )
COUNTY OF CARVER )
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I, Kay lsingelhuta , being the duly elected and qualified Village
Clerk of the Village of Chanhassen, Minnesota, hereby certify that the above is
a true and correct copy of the Minutes of the Proceedings of the Village Council
of the Village of Chanhassen, Minnesota, Carver County, held on the 9th day
*'f rw .,.t _ . 196'' p rta4niR
• - P t � t }. r.. •4.... 7s • VI. ►rl..}, {.. 0 1 , 4,1 4 ? ., ..;.
1 No. R to the Minnesota Natural Gas Company.
4 The original Minutes being in my office in the Village of Chanhassen, Minnesota.
a Certified this 9th day of "October , 1967. '
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i i Clerk .�
SEAL
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'• 1 '''' - - '..' ; :7 '7.,::t - - * - ,..r..i.-: ;- ...,, ' 1.,141.7-„ffs.r."'
• , - &,..4. ... .....,,„..- ,..„',_,..: • ., _.,-,, - ,...: 4 . C' '
1 .• - v th operated end tri ,,..- ed by said FFIDAVIT OF PUBLICATION
.*: c pginiiesoir grantee, f, successors or
1 MINNESOTA
„ , hi'.
- is lessees
' " ;" ' ' ORDINANCE No. 1 \ 4 assigns, upon paying to said grant-
1 " - w - -.': - -:.; - e.-'-, .--,.. a of the Village of ea, lta lessees. success°rs ° as- ss
c:
,,,...,,,., _
'Carver ' County, signs the value of said property,
' 4 ., , , - : ;--- :-.'-iii.:7 - I,1 1 ' . .....43 ranting 2 to the to be ascertained in the manner Hennepin
.
..:v ' . antral, Gas Coin- provided by law for acquiring
, t, property under the right of emi-
in, being duly sworn, on oath says he is and
' - ='-g-T 41 '- --', --'-- 4,•:' ._,,,i- .. iccassoni -. As- nent doipain, upon neti
hall s herein stated has been the General Manager-
rspaper known as The Excelsior South Shore
I " '-' '''------- -'-''--, `1 etdiii -to - Operitie a 'Gas ' - tem be taken at a special election
d and has full knowledge of the facts herein stated
.1 .;',' .-,.,-;.:',;: . Itillhin' llie.,,Villari- of : ..■'„ '.. has- called for that purppse, and hel
s l an 4
to f- - the within three months next preced-
e _ .
sitiottaib , r)2,11 . 01: ... to ing the .expiration of *a id fi per is printed in the English language in news-
lane year period. The 'dent for 1 column and sheet form equivalent in printed
11. -i - t - i:';': 7'7; s y uch works or e pr c o e perty shall first
1 square inches. (2) Said newspaper is a weekly
,.. ,_ , -e o ‘ f thereon, be app li e d t th paymen o f any t least once each week. (3) Said newspaper has
" ,
, .....
41kt' ' .4' 4 ' 4rii ,- ki
- . ....,!;• ..,...v ._.... . s encumbrance ereon, an d th re _ =is devoted to news of local interest to the cam-
`"--- ---- - '- " -, t:. - 11- ','• . , , der, if any, shall be paid to
/ min
ports to serve and does not wholly duplicate
names n and Is not made up entirely of patents, plate
''' - . IrrIsl• '' ' :.... ' ' =-•''' ' Na ' 'd antee its lessees,
tut tiki 't,5 i b. • OSOta sors orassigna. -. , . 1 , talents. (4) Said newspaper is circulated in and
, ;y which it purports to serve, has itt least 500
18 th
L lit, v--1-
._,,,,",,_,,- Seitian S. No sale, assignment vered to paying subscribers, has an average of
,
r,,' • I- - - J - icl... at -it.- . --' - or lease of this franchise shall be gal circulation currently paid or n� more than ,
i
I' - to .. - - - tante% ' , n ')
:........a .„ effective until - e council shall., tars and has entry as second-class matter in its
and -*i -Ifr' '1',„:•''', - ir---t, - • ''-''' ha the
ve approved -d un- Said newspaper purports to serve the Village of
artii• , , Af.- 3•40i-- - -- s Od - q . . . , . genie an
•::. v"..,i - . — ..• 1 ., 1 - k- - ill tssee n t y of Hennepin, and it has its known office of
•,2 _ '... Din J --
ne vendee, assignee or le
" 4.54 - I' shall have illed in the office. of
; here . 5ir ‘-'4i Co r.,op- of Excelsior, in said county, established and
•-- - - ea I e' Village 'Clerk instrument,i
erat- „:‘.11 .4iyazn taw • a ;a ' . .P an t the an g th
gar business hours for the gathering of news,
t a rs titkil and - e a a u duly executed, reciting the fact„cif ts and sale of subscriptions and maintained by
neces
an-- . --..' >,,,,r and , sa ;' -.--
stich itale assign/neat or letse;ac of said newspaper or persons in his employ and
=', - 1.,4,ins, prie s :aT i - . .:
pn
a .- ''---'-‘,.,- -.„1,„.- , th cepting the terms of and control during all such regular business
aPPe .i " the franchise
and ...- t- 7 ..."5 --,,,„..--,,.-' • ' • and agreeing to perform silkihe
, , , clusively during such regular business hours to
i I -'': ..6 -nt -. ° Y r- ' ditthereof.
across ii; the streets, all c° n ians. - - ewspaper and business related thereto. (6) Said
leys, bri•ges, and -public plaices Section 9. The violation by the py of each issue immediately with the State
within - the , present tzra grantee, its vendee, assignee, les. (7) Said newspaper has complied with all the
1 I corporate l imits of the Villageof see or successor of the provisions for at least two years preceding the day or
Chanhassen, ,Minnesota; for ‘the of thi f ranc hi se o an y Jmaterial mentioned below. (8) Said newspaper has filed
manufacture a n d . trazamitartin por thereof, or the f f State of Minnesota prior to January 1, 1966
i • and distribution and sale of gas promptly to perform any of the thereafter an affidavit in the form prescribed by
I whether artificial, natural, mixed,„provision thereof, shall be cause rte and signed by the General Manager of said
or otherwise, for heating, domeS; for the fqrfeiture of this franchise a to before a notary public stating that the news-
tic, industrial and-all other -Yaes and all rights here by res- sPaPer•
and purposes in and -beyond said olution o f th mun aft
• il
t Village; and the Grantee 'herehi reasonable written notice to te on oath that h the printed
,
- agrees to operate ;:eald 4T .„ company, and continuation
and to supply la; tor pe such violation, failure or default. 1, •
of time cpvered'hyithis,frenchise. - - -
. f cut fro th of said
. . - :,; . ,- _._--,.,it- ,, ,,E7- ' Section 10. ' All other! imili- •
.
part hereo was m e columns
----
Sect:bin:* grhe tee _I'lls., nances or portions of orclinancis ' Printed and published therein in the English
lessees,, auccesSOM.R.Or - aWeRS inconsistent herewith are hereby
, I
shall make suck,:reasonible repealed. ' . ' week, for_SILIL_truccessive weeks; that it was
tensions of thi.'1019fforill _time
- ,'neloosoor y Section 11. This Ordinance Thursday thelithday of
• thereto; time :as :may -4,:e _
ereto; provified,;-:huitevet„.`that shall be in full force and effect
the Grantee;Itif:lfseS,' from and after its passage and , 19-..fiL and was thereafter printed and
ors or assiA.:; ick publication as required by law,
.
&.-. :q • ed to - ,-„ o
Aril f and upon the written acceptance ' to and including the
its rna i n lif 9r Ahet ...„, ! %.4 ,.. : i v trifiv, , hereof by the Minnesota Natural
,-, , • ,-.. 1-• ,. - -r2 - ..: • . . Gas Company, a Minnesota cor- 1
an ,. Re -4, f. gro"-- ' '' --,-t---.- within 40
rati and thereafter shall be , 19 and that th
a e
i.imers w
.jf ...:-. .4. rii-, - -,:.. v... .i. P° an t - - . _____, -1 copy of the lower case alphabet frcei A to Z,
`thsa tlls,t1 - itt.- . ,.. : binding on the 11mnesota Muni./
.
comPan Its s is hereby acknowledged as being the size
'=- Y';-- = i - main = ' k Gas y ' 'uccessors and-
-,.' '; • -.- of Ina ': ' - „4 - ;.!‘-- - 7.,j,k4:. -, 'i . - -- • ' - - ' - opicai and b
pulic o i
- •-tt--- --- r -- a --.. ..ri . , ..:,.... assigns: .The Alinnesote Natural the cmosit
.., -., ation f said notice,
re *hall ,...
,•7 ;, :.- . -- >3-, , Gas Compan
y _I ' .
,•, iiirkg ,,, ,.?,4-4,- - -;.41 - k, :17.. ,----01 dina
-: days after the PheseSe -0f Village tw
sumer: 3 ' - 4k4 , ' r,.. ;' , . p
.4:.E- ' - ' " '. " Or / 11,0 d / - -- ‘-
- • =- ao o. 7 .• ,--t-kR•,,, . erk or the Village of Chan* • . „ ApP
-ion.vgit.t Lives , .0 • . : + 4, . ' ..". MA, IfIntiesaa, :Its scaeptance iii ///./Al. // If ..A
su deo ez. rltlng signed toy -Its "roper dB- ''' .----' 7 i 7 ' .. , ---•• = -• • . - ,- '-'-.
--- " - - .'"*.4 - 4- • '--- '.- - - .1. - - .. ..,‘ ' . - •: -, -, --1:... -.- •,....,-- .,,.- ...1-_,, !,, -,-.: :_ __ -
... -.`-... ; -: • ,.*: -;', -7,1k0 :-. 14Z fer s and attested tY its, - ePrPci *** . . before kne'eitt .• - - iteb rlw o f
-
,•- - .2 . ,, , i,„,_,- ....._Z , t, - .- -. - . ; .; - I.. 74!- rate' Seal. The Grantee may : ter- - 4,4...... , ;:47.1P. , ,_;:: : •;:-
for"7 Sod - - 7?:..-- - 4 .!: ininatt ita ' Ordinertce at any time : ,1141w,i,;;:f4-94te:Z.344-,;,,,t;:i.z,--:.-..-:-
,,_ leasvta.. t.- - -.‘'...-', - ':- . 4! . #,VAisigrdk tfoj . r, by Alibi a___.,
- 3,A . ,fi t Ve V771. thitt 411 r attubor4 ' . *MA** wetnft sitriendei 4 thereof 'With f
,-. „.=-- thii Eranchlai contained sIttaIl 14 ti vill ci 0 b v il l age. : :-.,.., .., _ .. w :
•
,,-.,,,
- ': . -r-: - :, - OW reseuld - kV. Oft .1.04 TA' , clp.,...: r f ...-, , - -
-_.:_-,,,„. , 4.- y .4 , :-.... Wit et ChaDitaiilliO* Ott Y otb- , 7,744 f , f.,.. -='.•---- — rvi a - 109 — .....
. __ . • , ,-, . t, jurisdiction tberfoimr.to regulate. sA ii t t r i. - 1 's k. . - '1 - . ?-.. = . ' , - ,, - - % - ?" 7 1 , ..takcjitsilni - ipittestlarch2S.,1974
, iiii4 i fix - Wad control Just,=.•reaaonable, ' ' -- - --.' '-'. .. - -I' --:.--- _ :-; ' .-. :.`4 :Iilies't: - ..:". 1 ,; ( *1 - .','':;, _ , `:- . s.-47.V 4 ,i - ,
Tray Klingelhutz