ORDINANCE 83-523
SRA UNIFORM GAS FRANCHISE (MINNEGASCO)
Approved by SRA Board of Directors
April 20, 1983
ORDINANCE NO. 83-523
CITY OF HOPKINS
COUNTY, MINNESOTA
, HENNEP IN
An ordinance granting Minnegasco, Inc., a Minnesota corporation,
its successors and assigns, a nonexclusive franchise to con-
struct, 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 Hopk*ns , Minnesota for such purposes; and
prescribing certa1n terms and conditions thereof.
THE CITY COUNCIL OF
HOPKINS
ORDAINS:
SECTION 1. DEFINITIONS. The following terms shall mean:
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1.1. Company. Minnegasco, Inc., a Minnesota 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. Municipali tx, Municipal _Council, Municipal
These terms mean respect1vely, the City of H k.
the Council of the city of Hopkins an~ th~ Clerk
ci ty of Hopkin!':
1. 4. Public Ground. All streets, alleys, public ways,
utili ty easements and public grounds of the Municipality as to
which it has the right to grant the use to the Company.
Clerk.
,
of the
SECTION 2. FRANCHISE GENERALLY.
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2.1. Grant of Franchise. There is hereby granted to the
Company, from the effective date hereof through June 30, 2003,
the right to import, manufacture, transport, distribute and sell
gas for pUblic and private use in the Municipality, and for these
purposes 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 appli-
cable ordinances, permit procedures, customary practices, and the
provisions of this franchise.
2.2. Effective Date; Written Acceptance. This franchise
shall be in force and effect fro,m and after its passage and
publication as requ1red by law, and its acceptance by the Company
in writing filed with the Municipal Clerk wi thin 60 days after
publication.
2.3. Nonexclusive Franchise.
franchise.
This is not an exclusive
2.4. Franchise Fee. The Company may be required to pay to
the Municipality, in the manner and at a rate prescribed by a
separate ordinance, a fee determined by collections from sales of
Gas, but not to exceed 5% of the Company's gross revenues from
the sale of Gas within the Municipality. Such ordinance may be
adopted, amended, repealed or readopted at any time during the
term of this franchise. The fee, if required, shall be effect1ve
90 days after written notice of the ordinance to the Company. No
such fee shall be effective as to sales made before January 1,
1984. The fee shall be separately stated on gas bills rendered
to customers within the Municipality.
2.5. Publication Expense. The expense of publication of
this ordinance shall be paid by the Company.
2.6. Default. If the Company is in default in the perfor-
mance 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 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 bases
therefor. Such notice shall be served on the Company by per-
sonally delivering it to an officer thereof at its principal
place of business in Minnesota.
I f the Company is in default as to any part of this fran-
chise, the Municipality may, after reasonable notice to the
Company and the failure of the Company to cure the default within
a reasonable time, take such action as may be reasonably neces-
sary to abate the condition caused by the default, and the Com-
pany agrees to reimburse the Municipality for all its reasonable
costs and for its costs of collection, including attorney fees.
Nothing in this section shall bar the Company from chal-
lenging 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.
SECTION 3. CONDITIONS OF USE.
3.1. Use of Public Ground. All utility facilities and
equipment of the Company shall be located, constructed, installed
and maintained so as not to endanger or unnecessarily interfere
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with the usual and customary traffic, travel, and use of public
ground, and shall be subJect to perm1t cond1tions of the Munici-
pali ty . The permit conditions may provide for the right of
inspection by the Municipality, and the Company agrees to make
its facilities and equipment available for inspection at all
reasonable times and places.
3.2. Permit required. The Company shall not open or dis-
turb the surface of any public ground for any purpose without
first having obtained a permit from the Municipality, for which
the Municipality may impose a reasonable fee to be paid by the
Company. The permit conditions imposed on the Company shall not
be more burdensome than those imposed on other utili ties for
similar facilities or work. The mains, services and other prop-
erty placed pursuant to such permit shall be located as shall be
designated by the Municipality.
The Company may, however, open and disturb the surface of
any public ground without a permit where an emergency exists
requiring the immediate repair of its facilities. The Company in
such event shall request a permit not later than the second
working day thereafter.
3.3. Restoration. Upon completion of any work requiring
the opening of any Public Ground, the Company shall restore the
same, including paving and its foundations, to as g00~ condition
as formerly, and shall exercise reasonable care to maintain the
same for two years thereafter in good condition. Said work shall
be completed as promptly as weather permits, and if the Company
shall not promptly perform and complete the work, remove all
dirt, rubbish, equipment and material, and put the Public Ground
in good condition, the Municipality shall have the right to put
it in good condition at the expense of the Company; and the
Company shall, upon demand, pay to the Municipality the cost of
stich work done for or performed by the Mun1cipa1i ty, including
its administrative expense and overhead, together with ten per-
cent additional as liquidated damages. This remedy shall be in
addition to any other remedy available to the Municipality.
3.4. Relocation of utility Facilities. The Company shall
promptly, with due regard for seasonal working conditions, per-
manently relocate its facilities or equipment whenever the Muni-
cipality orders such relocation. If the relocation is a result
of the proper exercise of the police power in grad1ng, regrading,
changing the location or shape of or otherwise improving any
Public Ground or constructing or reconstruct1ng any sewer or
water system therein, the relocation shall be at the expense of
the Company. I f 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 wa1ver of its right to be reimbursed for the
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relocation cost. If the Company claims that it should be reim-
bursed for such relocatl.on costs, it shall notify the Munici-
pali ty wi thin thirty 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 prem1ses
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.
3.5. 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
0rdered under section 3.4, the Company need not relocate until
the reasonable cost of relocating and the loss and expense
resul ting from such relocatl.on are first paid to the Company.
When the vacation is for the benefit of the Munl.cipality l.n the
furtherance of a public purpose, the Company shall relocate at
its own expense.
3.6. Street Improvements, 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 whl.ch
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 suffi-
cient 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.
In cases where streets are at final width and grade, and the
Municipality has installed underground sewer and water mains and
service connections to the property line abutting the streets
prior to a permanent paving or resurfacing of such streets, and
the Company's main is located under such street, the Company may
be required to 1nstall gas service connections prior to such
paving or resurfacing, whenever it is apparent that gas service
will be required during the five years following the paving or
resurfacing.
SECTION 4. INDEMNIFICATION. The Company shall indemnify, keep
and hold the Municipality, its elected officials, officers,
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.
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employees, and agents free and harmless from any and all claims
and act10ns 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 aga1nst the Municipal-
ity under circumstances where inde~nification applies, the Com-
pany, at its sole cost and expense, shall defend the Municipality
if written notice of the claim or action is promptly given to the,
Company withl.n a period where1n 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 l.n its own behalf.
SECTION 5. ASSIGNMENT. The Company, upon notice to the Munici-
pality, 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.
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 un1t succeeding the Munici-
pality 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. I f any portion of this franchise 1S
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 franchl.se shall
be sufficient if, in the case of notice to the Company, it is
delivered to Minnegasco, Inc., attention Vice President,
Minnesota Operations, 201 South Seventh Street, Minneapolis,
Minnesota 55402, and, in the case of the Municipality, it is
delivered to:
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SECTION 9. PREVIOUS FRANCHISES SUPERCEDED. This franchise
supercedes all previous franchises granted to the Company or l.ts
predecessors.
Passed and approved
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ACCEPTANCE OF ORDINANCE
WHEREAS, at a regular meetlng of the City Councll of the
Clty of HopkIns, held on June 21, 1983, a franchlse ordlnance
entitled
ORDINANCE NO. 83-523
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
was duly passed by the City Council; and
WHEREAS, said franchise ordinance was duly approved by
Robert F. Mlller, Mayor of the City of Hopkins, on June 21, 1983,
and was duly published in "Hopkins-Minnetonka Sun," the offiCial
newspaper of the City of Hopkins, on June 29, 1983; and
WHEREAS, Section 2.2 of said franchise ordinance provldes:
~
"2.2. Effective Date: Written Acceptance. This
Franchise shall be in force and effect from and after lts
passage and publication as required by law, and its
acceptance by the Company in writing filed with the Municipal
Clerk wlthln 60 days after publication."
and
WHEREAS, It is the purpose of this instrument to effect a due
and sufficlent acceptance of said franchise ordinance by
Minnegasco, Inc.
NOW, THEREFORE, Minnegasco, Inc., for itself, its successors
and assigns, accepts said franchise ordinance upon the terms and
conditlons contained therein.
Executed August 16, 1983
MINN G~SCO! INC.C
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by . ~
An rew . Olson,
Operations
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,
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I '"...'
, ;
\ V ,I-
Vice President-
and
by ~ ,L-
N. . Je en Secretary
.
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
On August 16, 1983, before me, a Notary PublIC wlthln and for
said county, personally appeared Andrew C. Olson and N.C. Jepsen,
to me personally known, who belng each by me duly sworn, did say
that they are respectlvely the Vice President-Operations and
Secretary of Minnegasco, Inc., the corporation named In the
foregoing instrument, and that said instrument was signed in
behalf of said corporation by authority of its Board of
Directors; and said Andrew C. Olson and N.C. Jepsen acknowledged
said instrument to be the free act and deed of said corporation.
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Notary Publ'1c
w.N\MNINIM/'WI/IIVV\MNI/'./1
,'L--:>'::';:" MARl LEE J NEIGLR
"::'-r(i"..l NOTARY PU8L1C -MltJNESOTA
'~j," HErJ:-JEPIN COUNTY
My Commission Expires Aug 20. 1989
WVVVVVI/VV
(Notar ial Seal)
The above acceptance was duly filed with the Clty of Hopkins in
the office of the City Clerk on 4~~.;t~, 'f':j
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City of Hopkins, Minnesota '/A; ~
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