HomeMy WebLinkAbout1947-02 05-01 AP - �tioR. (This form complies with §§ 10335, 10936, 141. M. S. 1927, as amended by L. 39, G. 128)
AN ORDINANCE I an�.� _ _ __ _
�'G TO . MINNEAPOI. ?'' ' ��
'T COMPA!vv. w�r� - � s ��
����e �� �t�������
SS.
' COUNTY OF _,.� ''�� /
�.��.�� being duly sworn, on oatl
says; that h and during all the times herein stated has been
the � publisher of the newspaper known as
THE OSSEO PRESS, and has full knowledge of the facts hereinafter stated; that
fcr more than one year prior to the publication therein of the
hereinafter described, said newspaper was printed ar_d publi,hed m he VILLAGp
of OSSIuO, in the County of HENNEPIN, State of Minnesota, on�,��`e������
of each week, that during all said time said newspaper has been printed rn the
English language from its known office of publication within the VILLAGE from
which it purports to be issaed as above stated in newspaper format and in column
and sheet form equivalent in space to at Ieast 450 running inches of single column,
two inches aide; has been issued ONCE each v:eek from a known ofTice established
in said place of publication and ernployirg skilled workmen and equipped with the
recessary material for preparing and printir.� the same and the presswork on that
part of the newspaper devoted to local news of interest to the community which it
purports to serve, Baas done in its known office of publicatio:�; that during all said
time in its makeup rct less than tv�enty -five per cent of its news colurnns have been
devoted to Iocal new=s of interest to the community it purports to serve; that during
all said time it has not wholly duplicated any other publication, and has not been
entirely made up of patents, plate matter and advertisements; has been circula ±e�? -
in and near its said place of publication to the extent of at least t�ao hundred and
forty (240) copies regularly delivered to paying subscribers and has entry as
second class matter in its local postoffice; and that there has been on file in the office
of the County Auditor of Hennepin County, Minnesota, the affidavit of a person
having knowledge of the facts, showing the name and location oi' said newspaper
and the existence of the conditions constituting its qualifications as a legal newspaper.
That the CLIPPING hereta attached was cut from tl�e coLamns of said netivs-
paper, and wasp� ted and published therein in the English language, once each
�veeli, for �I`'�'i� �� sumac- v acaks; that i ��Fvas first so published
oa �F�1�Y1f� the ,l-- -� day of ---- ����%- 19
and thereafter on � -�?� �� and including the
day of � 19 ;and that the
following is a printed copy of the lower case alphabet frori A to 7, both inclusive,
and is hereby acknowledged as being the size and kind of type used in the composi-
tion and publication of said notice, to -wit:
._ _ - - -- - .c -z
abcdefghi jklmnopgrstuvwxyz �,
i
i � ��
Subscribed and sworn to before me t. 'r_� %'day of - -- .19 -� -'
l�_,- fi �._ y --
' 1�Tatary Public, � }�:�_;��.., County, P inn.
'"' 19
My commission�p�es __.:,: ,
- � «j1
THURSDAY, MAY, 1, 194:
GRANTING ORDINANCE any suit, at the cost of the Company,
GRANTING T 0 MINNEAPOLIS and in the event of a final judgment
GAS LIGHT COMPANY, ITS SUC- being obtained against the Village,
CESSORS AND ASSIGNS, THE either independently or jointly with
RIGHT TO MANUFACTURE, IM- the Company, the Company shall pay
PORT, TRANSPORT, SELL, AND such judgment, with all costs, and
DISTRIBUTE GAS FOR HEATING, hold the Village harmless therefrom.
ILLUMINATING AND OTHER PUR- Section 5. Standards of Service,
POSES IN THE VILLAGE OF The Company shall at all times pro -
BROOKLYN CENTER, AND TO vide and furnish an adequate, safe,
USE THE STREETS, AVENUES and continuous supply of gas to the
AND ALLEYS THEREOF FOR Village and its inhabitants; provided,
THAT PURPOSE. that if service is temporarily sus -
THE VILLAGE COUNCIL OF pended through no fault or negligent
BROOKLYN CENTER DO ORDAIN
act a the part shall n ot be made such
the
AS FOLLOWS: suspension shall not be made the
SECTION 1. Grant of Authorit basis of any action or proceeding to
S Authority.
Th is hereby y terminate this franchise. ,
y granted to Minneapo- Section 6. Extensions of Service.
lis Gas Light Company, hereinafter The Company agrees to lay such of
called the "Company ", its successors its mains and pipes as come wit
and assigns, for a period of twenty its requirements for suburban service
(20) years after the adoption hereof, as soon as reasonably possible to do
the right to manufacture, import, so. The Council of the Village shall
transport, sell, and distribute gas for have the right to make such reason-
heating, illuminating, and other pur- able rules and regulations as may be
h ere after called the o "Village" , as necessary to provide adequate and
the same now exists or as they may proper service.
be extended in the future, and for Section 7. Rates. The Company
that purpose to establish the neces- agrees for and in behalf of itself, its
sary facilities and equipment, and to lessees, successors, and assigns that
maintain a manufacturing plant, gas all authority and rights in this ordin-
mains, service pipes, and any other ante contained shall at all times be
appurtences necessary to the manu- subject to all right, power, and au-
facture, sale, and distribution of gas thorny now or hereafter possessed by
in and along the streets, alleys, said Village or any other regulatory
avenues, and other public places of tribunal having jurisdiction thereover
said municipality, and to do all things to regulate, fix, and control just,
which are reasonable, necessary, or reasonable, and compensatory gas
customary in the accomplishment of rates, except as hereinafter limited.
this objective, subject, however, to The Village recognizes that the en-
the further provisions of this fran- tire suburban area adjacent to and
chise, provided, however, that before near the City of Minneapolis, which
the said company shall establish any includes the Village of Brooklyn
plant in said Village for the manu- Center, inay be regarded as a single
facture of gas the approval of the zone for rate making purposes and
Village Council of the location there- agrees that the Company has the
of, in the _exercise of a reasonable right to insist upon a uniform rate
discretion by said Council, shall be for all of its consumers in said sub -
first obtained by said Company. urban area. All rates charged under
Section 2. Obstructing Streets. this ordinance shall at all times be
The Company shall exercise its privi- fair, just, and reasonable.
leges hereunder subject at all times Section 8. Accounting Reports.
to the police power of the Village The Company agrees, on or before
and shall not unnecessarily or un- July '1 of each year, to file with the
reasonably obstruct the use of or Village Clerk a copy of its annual
injure any street, avenue or alley, report to its security Y P rity holders for the
and shall, upon the completion of any preceding calendar year, together
construction or repair, restore all with a balance sheet and income
streets, avenues, and alleys of the statement of the suburban division
municipality which shall be opened and a balance sheet and income state -
by it
y or its agents or employees for ment for the Village Vii age of Brooklyn
the purpose of laying, placing, or re- Center on an allocated basis.
pairing its aforesaid gas mains or Section 9. Forfeiture. If the
service pipes to as nearly the same Company shall be in default in h
order and condition as they were be- n t e
Y performance of any of the material
fore the excavation was made as is terms and conditions of this ordinance
reasonably possible, and shall main- and h 1
taro repair, and keep in s a 1 continue in default for more
P p good con- than ninety (90) days after receiv-
dition for a period of three (3) ing notice from the Village of such
months all portions of said streets, default, the Village Council may, by
avenues, and alleys disturbed by it ordinance duly passed and adopted,
or its agents; provided that the three terminate all rights granted under
month period shall be computed from this ordinance to the Company. The
the time of closing the excavation, but said notice of default shall be in writ-
in case of frost before the three ing and shall specify the provisions
month period has expired the same of this ordinance in the performance
shall continue for the stated period of which it is claimed that the Com-
after the frost leaves the ground. Any pany is in default. Such notice shall
obstruction of any street, alley, park, be served in the manner provided by
boulevard, bridge, or other public the laws of Minnesota for the "service
place, or any failure properly to fill of original notices in civil actions.
and maintain a street after excava- The reasonableness of any ordinance
tion, after proper notice demanding so passed declaring a forfeiture of
removal or repair, as the case may be, the rights and privileges granted by
shall be taken care of by the Village this franchise ordinance shall be sub -
and the costs thereof shall be charged ject to review by the United States
against the Company and may be District Court for the District of Min -
deducted from any payments due it nesota, Fourth Division.
from the Village. Section 10. Acceptance. The
Section 3. Plats. The Company, Company shall, within thirty (30)
prior to the laying of any mains un-
der this franchise, shall present to days after the passage and publica-
the Council a complete plat showing tion of t ordinance, file with the
the location, size, and estimated cost Village Clerk its acceptance of the
of all proposed mains. Failure of the same in writing, signed by its proper
Village to insist upon this provision , and attested by its corporate
shall not be deemed a waiver thereof. sea.
Section. 4. Damage Claims. The Section 11. Effective Date. This
Company shall indemnify, keep, and ordinance shall take effect and be in
hold the Village free and harmless force from and after its passage and
from liability on account of injury publication. Adopted this 9th day of
or damage to persons or property April, 1947
growing out of the construction, M. F. LANE
maintenance, repair, or operation of President
its property and in event that suit ATTEST:
shall be brought against the Village, PAUL H. WEEKLY, Clerk
either independently or jointly with
the Company, on account thereof, the
Published in The Osseo Press
Company, upon notice to it by the
Village shall defend the Village in Thursday, g d May 1
g Y, Y , 1947