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HomeMy WebLinkAbout1983-13 09-01 AP r CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of September, 1983 at 8:00 P.M. in the .City Han, 6301 shingle creek Park- BROOKLYN CENTER POST way, to consider an ordinance grant- a nonexclusive franchise to oegasco, inc. ORDINANCE NO. AFFIDAVIT OF PUBLICATION AN ORDINANCE GRANTING MINNEGASCO, INC.,A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAIN- STATE OF MINNESOTA TAIN FACILITIES AND EQUIP- SS. MENT FOR THE TRANS- COUNTY OF HENNEPIN PORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND ?PRIVATE USE AND TO USE THE �PUBLIC GROUND OF THE CITY OF BROOKLYN CENTER, MINNESOTA FOR SUCH PURPOSES; AND Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the Vice President PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF of The Post Publishing Co., publisher and printerofthenewspaper known as L THE CITY COUNCIL OF THE CITY BROOKLYN CENTER POST OF BROOKLYN CENTER DOES. ,ORDAIN AS FOLLOWS:. and has full knowledge of the facts herein stated as follows: Section 1. DEFINITIONS. The (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent :following terms shall mean: in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each 1.1 Company. Minnegasco, Inc., a week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which Minnesota corporation, its successors it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and assigns. and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at 1.2 Gas. Natural gas, manufactured least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation `gas, mixture of natural gas and currently paid or no more than three months in arrears and has entry as second -class matter in its local post manufactured gas or other forms of office. (5) Said newspaper purports to serve the gas energy. 1.3. Municipality Municipal CITY OF BROOKLYN CENTER council, Municipal Clerk. These terms in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open :mean respectively, the City of during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main Center, the a Council of the City of B rooklyn Center and the Clerk tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during al City of B such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately of the City of Brooklyn Center. with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years 1.4. Public Ground, All streets, preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of alleys, public ways, utility easements Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of and public grounds of the Municipality as to which it has the right to grant the State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper use to the Company. is a legal newspaper. Section 2. FRANCHISE GENER- ALLY. He further states on oath that the printed 2.1. Grant of Franchise. There Is hereby granted to the Company, from Jift date hereof through June ti 1003, the right to import, ufacture,transport, distribute and sell gas for public and private use p hereto attached as a part hereof was cut from the columns of said newspaper, and was rimed and published therein in in the Municipality, and for these purposes to construct, operate, repair and maintain in, on, over, under and the English language, once each week, for.. successive weeks; that it was first so published on across the Public Ground of the Municipality, all facilities and equipment used in connection the.... therewith, and to do all things which day of I9 and was thereafter printed and published on every are necessary or customary in the ;accomplishment of these objectives,. to and including the.......... day of 19 and that the following is a printed copy of the !subject to zoning ordinances, other applicable ordinances, permit procedures, customary practices, and lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the provisions of this franchise. 2.2. Effective Date; Written Ac- ceptance. This franchise shall be in the composition and publication of said notice, to wit 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 abcdefghijklmnopgrsTuvwxyz -5 pt. Sans Municipal Clerk within 60 days after publication. 2.3. Nonexclusive Franchise. This is not an exclusive franchise. 2.4. Franchise Fee. The Company r- may be required to pay to the MuMc-.� ipality in the manner and at a rate prescribed by a separate ordinance, a 1" Y f dd fee determined by collections. from '.r......` �F:'.,.. d sales of Gas, but not to exceed 5 percent of the Company's gross revenues from the sale of Gas within Subscribed and sworn to before the Municipality. Such ordinance may be adopted, amended, repealed or, readopted at any time during the term me This.. day of A. D 19..... of this franchise. The fee, if required, shall be effective 90 days after written' notice of the ordinance to the Com- .:f� pany. No such fee shall be effective as to sales made before January 1, 1984, The fee shall be separately stated on (NOTARIAL SEAL) gas bills rendered to customers within the Municipality. Notary Public ..........................Count 2.5. Publication Expense. The ex- Y Y, Minnesota e of publication of this ordinance W _.6. be paid by the Company. Oefault. If the Company is in My Commission Expires .......................19...... default in the performance of any material part of this franchise for more than 90 days after receiving written notice from the Municipality of such default, the Municipal Council F No Affidavit of Publication OF Published in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST may, by ordinance, terminate all rights granted hereunder to the shall pay the relocation cost, such Company. The notice of default shall relocation of the facilities by the be in writing and shall specify the Company shall not be construed as a provisions of this franchise under waiverof its right to be reimbursed for which the default is claimed and the relocation cost. If the Company stated the basis therefor. Such notice claims that it should be reimbursed shall be served on the Company by for such relocation costs, it shall notify personally delivering it to an officer the Municipality within thirty days thereof at its principal place of after receipt of such order. The business in Minnesota. Municipality shall give the Company the Company within a period wherein If the Company is in default as to reasonable notice of plans requiring the Company is not prejudiced by lack any part of this franchise, the such relocation, of such notice. The Company shall Municipality may, after reasonable Nothing contained in this subsection have complete control of such claim or notice to the Company and the failure shall require the Company to remove action, but it may not settle without of the Company to cure the default and replace its mains or to cut and the consent of the Municipality, which within a reasonable time, take such reconnect its service pipe running shall not be unreasonably withheld. action as may be reasonably from the main to a customer's prem- This section is not, as to third parties, necessary to abate the conditon ises at its own expense where the re- a waiver of any defense or immunity caused by the default, and the Com- moval and replacement or cutting and i otherwise available to the pany agrees to reimburse the reconnecting is made for the purpose Municipality, and the Company in Municipality for all its reasonable of a more expeditious operation for me defending any action on behalf of the costs and for its costs of collection, construction or reconstruction of Municipality shall be entitled to assert including attorney fees. underground facilities; nor shall ever defense or immuni contained Y Y that the Nothing in this section shall bar the anything nod herein relieve any Municipality could assert in its own Company from challenging the person from liability arising out of the behalf. Municipality's claim that a default has failure to exercise reasonable care to Section S. ASSIGNMENT. The occurred. In the event of avoid damaging the Company's Company, upon notice to the disagreement over the existence of a facilities while performing any work Municipality, shall have the right and default, the burden of proving the in any Public Ground. authority to assign all rights conferred default shall be on the Municipality. 3.5.Relocation When Public Ground upon it by thisfranchise to any person. SECTION 3. C riONS OF USA. Vacated. The vacation of any Public The assignee of such rights, by ac- 3.i.11se of Public Ground. All utility Ground shall not operate to deprive cepting such assignment, shall facilities and equipment of the the Company of the right to operate become subject to the terms and Company shall be located, con- and maintain its facilltes therein. ovisions of this franchise. strutted, installed and maintained so Unless ordered-under Section 3.4, the SECTION 6. CHANGE IN FORM OF as not to endanger or unnecessarily Company need not relocate until the GOVERNMENT. Any change in the Interfere with the usual and reasonable cost of relocating and the form customary traffic, travel, and use of loss and expense resulting from such f a government of the °ublic Ground, and shall be subject to relocation are first paid to the Com- Municipality shall not affect the validity this franchise. Any mil conditions of the Municipality. pony, when the vacation is for the governmental unit succeeding the r permit conditions may provide for benefit of the Municipality in the municipality shall, without the con Tne right of inspection by the furtherance of a public purpose, the sent of the Company, automatically Municipality, and the Company Company shall relocate at its own succeed to all of the rights and obliga- agrees to make Its facilities and expense. tions of the Municipality provided in equipment available for inspection at 3.6. Street improvements, Paving or this franchise. all reasonable times and places. Resurfacing. The Municipality shall SECTION 7, SEVERABILITY. If 3.2. Permit Required. The Company give the Company reasonable written any portion of thisfranchise is found to shall not open or disturb the surface of notice of plans for street (m- be invalid for any reason whatsoever, any Public Ground for any purpose provements where paving or resur- the validity of the rest of thisfranchise without first having obtained a ermit facing of a permanent nature P e is he shall not be affected. from the Municipality, for which the volved. The notice shall contain the SECTION 8. NOTICES. Any notice Municipality may impose a nature and character of the im- required by this franchise shall be reasonable fee to be paid by the provements, the streets upon which sufficient if, in the case of notice to the Company. The permit conditions the improvements are to be made, the Company, it is delivered to Min imposed on the Company shall not be extent of the improvements and the negasco, Inc., attention Vice more burdensome than those imposed time when the Municipality will start President, Minnesota Operations, 201 on other utilities for similar facilities the work, and, if more than one street South Seventh Street, Minneapolis, or work. The mains, services and is involved, the order in which this Minnesota, 55402, and, in the case of other property placed pursuant to work is to proceed. The notice shall be tie Municipality, it is delivered to: such permit shall be located as shall given to the Company a sufficient ty of Brooklyn Center, 6301 Shingle be designated by the Municipality. length of time, considering seasonable -reek Parkway, Brooklyn Center, The Company may, however, open working conditions, in advance of the Minnesota 55430. and disturb and surface of any Public actual commencement of the work to SECTION 9. PREVIOUS FRAN- Ground without a permit where an permit the Company to make any CHISES SUPERCEDED. This emergency exists requiring the im- additions, alterations or repairs to its franchise supercedes all previous mediate repair of its facilities. The facilities the Company oee,,s franchises granted to the Company or Company In such event shall request a necessary. its predecessors. permit not later than the second In cases where streets are at final Adopted thir day of -19— working day thereafter. width and grade, and the Municipality 3.3 Restoration. Upon completion of has installed underground sewer and any work requiring the opening of any water mains and service connections Mayor Public Ground, the Company shall to the property line abutting the ATTEST: restore the same, including paving streets prior to a permanent paving or Clerk and its foundations, to as good con- resurfacing of such streets, and the Date of Publication September 1, 1983 dition as formerly, and shall exercise Company's main is located under such Effective Date reasonable care to maintain the same street, the Company may be required for two years thereafter in good to install gas service connections prior (Published in The Brooklyn Center condition. Said work shall be com- to such paving or resurfacing, Post September 1, 1983.) pleted as promptly as weather per- whenever it is apparent that gas mits, and if the Company shall not service will be required during the five promptly perform and complete the years following the paving or resur- work, remove all dirt, rubbish, facing. equipment and material, and put the SECTION 4. INDEMNIFICATION. Public Ground in good condition, the The Company shall indemnify, keep Municipality shall have the right to and hold the Municipality, its elected put it in good condition at the expense officials, officers, employees, and of the Company; and the Company agents free and harmless from any shall, upon demand, pay to the and all claims and actions on account Municipality the cost of such work of injury or death or persons or done for or performed by the damage to property occasioned by the Municipality, including its ad- construction, maintenance, repair, ministrative expense and overhead, removal, or operation of the Com- 'together with ten percent additional as pany's property located in, on, over liquidated damages. This remedy under, or across the Public Ground of shall be in addition to any other the Municipality, unless such injury or remedy available to the Municipality. damage is the result of the negligence 3.4. Relocation of Utility Facilities. of the Municipality, its elected of- The Company shall promptly, with ficials, employees, officers, or agents. due regard for seasonal working The Municiaplity shall not be entitled conditions, permanently relocate its to reimbursement for its costs in- facilities or equiment whenever the curred prior to notification to the Municipality orders such relocation. if Company to accept and undertake the the relocation is a result of the proper defense. exercise of the police power in If a claim or action shall be brought grading, regrading, changing the against the Municipality under cir- locat(on or shape of or otherwise cumstances where indemnification improving any Public Ground or applies, the Company, at its sole cost constructing or reconstructing any and expense, shall defend the sewer or water system therein, the Municipality if written notice of the relocation shall be at the expense of claim or action is promptly given to 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 Pe such relocation is done without an agreement first being made as to who