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ORDINANCE NO. 304 <br />AN ORDINANCE GRANTING TO NORTHERN STATES POWER <br />COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS <br />AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION <br />SYSTEM FOR THE PURPOSE OF INSTALLING, ENLARGING, <br />OPERATING, REPAIRING AND MAINTAINING IN THE CITY <br />OF LITTLE CANADA, MINNESOTA, THE NECESSARY GAS PIPES, <br />MAINS AND APPURTENANCES FOR THE TRANSMISSION OR <br />DISTRIBUTION OF GAS TO SAID CITY AND ITS <br />INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO <br />AND THROUGH SAID CITY, AND TO USE THE PUBLIC WAYS <br />AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSE. <br />THE CITY COUNCIL OF THE CITY OF LITTLE CANADA, RAMSEY COUNTY, MINNESOTA, DOES <br />ORDAIN: <br />Section 1. There be and hereby is granted to Northern States Power Company, <br />a Minnesota corporation, its successors and assigns, hereinafter referred to as <br />"Company ", for a period of 20 years from the date hereof, the right and <br />privilege of erecting a gas distribution system in the City of Little Canada, <br />Ramsey County, Minnesota, hereinafter referred to as "City ", and using the <br />public ways and public grounds of City for the purpose of installing, <br />operating, repairing, and maintaining, in, on, over, under, and across the <br />same, all gas pipes, mains, and appurtenances, usually, conveniently, or <br />necessarily used in connection therewith, for the purpose of the transmission <br />of gas, or the distribution of gas, for public and private use within the <br />limits of City as its boundaries exist or as they may be extended in the <br />future, and for the purpose of transmitting gas into and through the City. <br />Company may also do all reasonable things necessary or customary to accomplish <br />these purposes subject, however, to the further provisions of this franchise. <br />"Gas" as used herein shall be held to include natural gas, manufactured gas, <br />or other form of gaseous energy. <br />Section 2. The gas transmission or distribution service to be provided <br />and the rates to be charged by Company for service in the City shall be <br />subject to the jurisdiction of the Public Utilities Commission of this State. <br />Company shall provide reasonably efficient and adequate service to members of <br />the public within the City who apply for such service in accordance with the <br />rules and regulations of Company. <br />Section 3. The City shall give the Company at least two weeks prior written <br />notice of a proposed vacation of a public way. Except where required solely for <br />a City improvement project, the vacation of any public way, after the <br />installation of gas facilities, shall not operate to deprive Company of its <br />rights to operate and maintain such gas facilities, until the reasonable cost of <br />relocating the same and the loss and expense resulting from such relocation are <br />first paid to Company. In no case, however, shall City be liable to the Company <br />for failure to specifically preserve a right -of -way under Minnesota Statutes, <br />Section 160.29. <br />Page 51 <br />